Will Take A Decision on Online Sale of Liquor by May 15: Delhi Govt Informs Delhi HC In Plea Seeking Ban on Liquor Sale [Read Order]

The assurance was given by Delhi Government's counsel Mr Dhananjaya Mishra before the Division Bench of Justice Rajiv Sahai Endlaw and Justice Sangita Dhingra Sehgal.

The present PIL was filed by Mr Aadhaar Gaur, seeking quashing of the Notification dated 3rd May,

2020 of the Delhi Government to the extent of permitting sale of liquor in Delhi.

The Petitioner had cited the following reasons for seeking a ban on liquor sale:

1. sale of liquor in this prevalent time of Covid-19 is injurious to the society in general;
2. the reason which prevailed in the order dated 11th May, 2020 was that taxation on sale of liquor is an important component of the revenue of GNCTD; however in the report of the Comptroller and Auditor General of India (CAG) of last year, it was reported that GNCTD has a revenue surplus; therefore, GNCTD does not require the revenue from sale of liquor and on which ground the relief was denied in the other writ petition
3. the consumption of liquor in heavy amount reduces the immunity of the consumer thereof, making him more likely to catch infectious diseases;
4. consumption of liquor is also generally done in groups/gatherings and which would again be in breach of Social Distancing norms and would increase the risk of transmission of Covid-19

Citing the Supreme Court decision in the case of Khoday Distilleries Ltd. Vs. State of Karnataka, the Delhi Government argued that the sale of liquor is a matter of public policy and it is for the State to take a decision thereon.

Mr Amit Mahajan, who was appearing for the Central Government, informed the court that after the Supreme Court's recent order dated May 11 on online sale of liquor, several States have started the facility of selling liquor online.

While dismissing the petition, the court observed that the Petitioner himself is below the legal age for drinking as he's only 21 years old.

The court also directed the Delhi Government to take the decision on the assurance given to the court.

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