Sale Of Liquor In Tetra Packs: Supreme Court Allows Petitioner To Raise Concerns Before UP Authority

The Supreme Court on Thursday disposed of a Public Interest Litigation challenging the Uttar Pradesh excise policy which allegedly permitted the sale of wine in tetra packs.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi observed that there was no material on record showing any express permission under the excise policy for sale of liquor in tetra pack packaging. The Court noted that an administrative decision dated February 4 appeared to have allowed such small packaging of liquor, but the relevant policy itself was not placed before the Court.

During the hearing, counsel for the petitioner raised concerns about the social impact of allowing liquor in small tetra packs, submitting that such packaging could make alcohol more accessible and normalized among children.

“Children will start going to classroom with tetra pack,” the counsel argued.

Responding to the apprehension, the Chief Justice remarked that the availability of a particular form of packaging would not necessarily determine consumption patterns.

“Whosoever wants to buy, they will buy. Is there any city where this is intruding into any educational institution?” the Chief Justice asked.

In its order, the bench recorded that in the absence of the relevant policy document, it would not be appropriate to make any observations on the issue. The Court nevertheless granted liberty to the petitioner to pursue the matter before the appropriate administrative authority.

“We do not find that there is any express permission of selling liquor in tetra pack under that excise policy. However, it seems that some administrative decision was taken on February 4 permitting such small packaging of liquor. The said policy is not on record. It would not be expedient to express anything in relation thereto,” the Court observed.

Accordingly, the Court disposed of the writ petition with liberty to the petitioner to submit a copy of the writ petition as a representation to the prescribed authority, which may examine the issues raised.

Last year, while hearing another matter, a bench led by Justice Surya Kant had raised concerns over the sale of liquor in tetrapackets, saying that it would make it easier for students to sneak them into schools.

Case : MEENAKSHI SHREE TIWARI Vs UNION OF INDIA | Diary No. 68730/2025