SHIVDHARI RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner claiming himself a farmer belonging to a Scheduled Caste, has filed the present writ petition seeking a direction upon the respondents not to sale or allow to sale country liquor in sachet and for a further direction to the respondents to adhere to order dated 30.04.2008 in W.P. (PIL) No. 1166 of 2005 in its letter and spirit.

(2.) The brief facts stated in the writ petition are that, on the recommendation of the Excise Advisory Committee, resolution dated 18.10.2003 was issued prohibiting sale of country liquor and spiced country liquor in sachet and it was provided that it would be sold in sealed bottle with effect from 01.04.2004. Consequently, by Notification dated 22.03.2004, Jharkhand Country Liquor Bottling Rules, 2004 was promulgated. Rule 18 of the 2004 Rules provided that country liquor will be bottled in centpercent new white and transparent bottle with round bottom and long neck manufactured through automatic machines and sealed by leak proof aluminium with "Jharkhand Utpad" embossed on the bottle. By Notification dated 29.12.2004, specification of bottles as provided under Rule 18 was amended and substituted to the effect that the requirement of centpercent white and transparent bottle was deleted and it was provided that any white and transparent bottle can be used for bottling the country liquor. In view of the amendment/substitution provided by Notification dated 29.12.2004, a Public Interest Litigation being W.P.(PIL) No. 1166 of 2005 was filed in which by order dated 08.04.2005, the respondents were directed not to give effect to Notification dated 29.12.2004. By order dated 19.05.2005, the interim order dated 08.04.2005 was modified to the extent that the bottles manufactured by semiautomatic machines were also permitted to be used for bottling country liquor and spiced country liquor. The writ petition being W.P. (PIL) No. 1166 of 2005 was finally disposed of by order dated 30.04.2008 by confirming the interim order dated 19.05.2005. Since the Government of Jharkhand came out with Jharkhand Liquor (country liquor/spiced country liquor, foreign liquor, beer and wine) Wholesale Rules, 2012 which permitted sale of country liquor and spiced country liquor in bottles/sachet, the present writ petition has been filed.

(3.) The State of Jharkhand has filed a counteraffidavit questioning the bonafide in filing the present writ petition stating that it seems to be a camouflage for foster personal gains of the glass bottle manufacturers and thus, it is a private interest litigation. It is stated that the prayer in the writ petition seeking a direction for bottling of country liquor and spiced country liquor in glass bottles is itself a sufficient indication of the intention and purpose for which the present writ application has been filed. It is further stated that in exercise of powers under Section 90 of the Act the Board is empowered to make Rules for regulating the bottling of liquor for the purpose of sale. It is also stated that the right of the State to change its policy under the changed circumstances can not be questioned unless the said policy is demonstratively arbitrary, irrational, discriminatory or violative of the constitutional or any statutory provision. In so far as, the trade in liquor is concerned it is different from other trade and business. In the year, 2004 the State Government took a decision to permit bottling of country liquor and spiced country liquor in bottles by enacting Jharkhand Country Liquor Bottling Rules, 2004 which was subsequently partially amended. However, the State Government decided to permit sale of country liquor and spiced country liquor in low density polythene (LDPEfilm) having a density of 100 microns of ISI specification IS 9845181 and IS 10146182 besides, bottling in glass bottles. The decision of the State Government was notified in official gazette on 28.12.2007 and 26.02.2011. It is lastly submitted that the change in policy was necessitated for protecting the interest of the consumers and at the same time to augment the revenue of the State.