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Local NGOs Can't Lock House Of Person For Alleged Liquor Law Violation, May Only Assist Law Enforcement: Gauhati High Court
Bhavya Singh
9 Sept 2026 11:15 AM IST
The Gauhati High Court has held that local NGOs cannot take the law into their own hands by locking the house of a person alleged to have violated the Mizoram Liquor (Prohibition) Act, 2019.Justice Nelson Sailo observed,“The local NGOs may assist the law enforcing agencies in carrying out the purpose of the Act of 2019 but it would be not permissible for them to take the law into their...
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The Gauhati High Court has held that local NGOs cannot take the law into their own hands by locking the house of a person alleged to have violated the Mizoram Liquor (Prohibition) Act, 2019.
Justice Nelson Sailo observed,
“The local NGOs may assist the law enforcing agencies in carrying out the purpose of the Act of 2019 but it would be not permissible for them to take the law into their own hands, such as, keeping the house of the alleged law breaker under lock and key, such as the petitioners in this case.”
The observation came in a writ petition filed by a husband and wife residing in their own house at Chhingchhip village in Serchhip district, Mizoram. They had approached the High Court after their house was kept under lock and key by members of the NGO Joint Committee on May 13, 2026, following an allegation that they were in possession of four litres of country-made liquor. The petitioner had also been taken into judicial custody for the alleged possession of the liquor.
The petitioners submitted that the local NGOs had no authority to take such action and that the same infringed their Fundamental Rights. It was contended that if any action of the petitioners was in conflict with law, “the same has to be dealt with in accordance with law and not in the manner it has been done.”
During the earlier hearing, the Court was informed that a meeting had been held in the office of the Superintendent of Police, Serchhip, where the NGOs were asked to open the petitioners' house as the action violated their rights. The house was thereafter opened. When the matter was taken up again, the petitioners informed the Court that they were residing peacefully in their residential house without any disturbance and did not wish to press the matter.
The High Court noted that the State Government had enacted the Mizoram Liquor (Prohibition) Act, 2019 “to regulate prohibition of liquor.” It said that if the petitioners had violated the provisions of the Act, “it would be incumbent upon the respondent authorities concerned to act in accordance with the Act of 2019 and the Rules framed there under.”
The Court further made it clear that while local NGOs may assist the law enforcing agencies in carrying out the purpose of the Act, they cannot themselves keep the house of an alleged law breaker under lock and key.
It accordingly observed, “Therefore, the District Law Enforcement Agency will have to ensure that such an act do not recur in the future.”
The writ petition was closed with the above observation.
Case Title: Dithanga and Anr. v. State of Mizoram & Ors.
Case No.: WP(C)/64/2026
LL Citation: 2026 LiveLaw (Gau) 153
Bhavya Singh
Reporter


