Punjab A Border State, Easy For Anyone To Destroy Youth By Illicit Liquor & Drugs : Supreme Court Cautions State Govt

"So many FIRs have been registered under the Punjab Excise Act. So, isn't it a failure on the part of the state to curb illegal transportation, manufacture of the spurious liquor? Is it not shocking?", Justice MR Shah observed.

"The Youth will be finished. Illegal manufacture of alcohol and drugs should be stopped. It is very unfortunate that this is happening. That too, who is the sufferer? Poor people, who cannot afford...That is why there is 'spirit' and all these things because it is very cheap", said the Bench, which also included Justice CT Ravikumar.

As the hearing progressed, the Court asked the counsel appearing for the State Government how penalties recovered from people in this regard was being utilised.

"Penalty recovered from how many people? Using this amount for what? It should be used for awareness campaigns."

Further, the Bench said,

"Recovery of penalty is not enough...In how many cases chargesheets filed? How many FIRs?

Three chargesheets have been filed till now. FIRs are much more, was the reply.

"We have collected 10 or 20 crores which will be utilised for spreading awareness. Second, more force to be deployed at the border area. Third will be to undertake proper vigilance", the counsel further apprised the Bench.

"This is unfortunate. Punjab is a border State", the Bench lamented.

"That is also a concern" the counsel for the state government said, agreeing with the bench.

While observing that it would pass orders only after going through the counter affidavit, it said that consumption of alcohol and drugs would destroy the youth of the nation.

"We will go through the counter and then pass orders. It is quite unfortunate! If somebody wants to finish the country, especially the border country... It's very easy to finish the youth, by drugs, by this... Extra caution should be taken."

"We are trying to find where it is produced for household use and where it is for commercial use", the counsel added.

The Court also expressed that it would be 'difficult' to issue a writ of mandamus to award compensation to the families of the those who lost their lives consuming poor quality alcohol.

"It's a policy decision. We have our own doubts on that. It is a very unfortunate that so many people died. But ultimately, it is for the state to settle the liability. They will consider it. To say that I consumed liquor, and I died. Who asked you to have the liquor? Because of this, why should common people, who are not consuming it and paying the taxes, why should they suffer? You have to consider from both the angles."

Adding on, the Top Court continued,

"They (the government) are giving it for whatever reason, we won't come in the way. But to issue a writ of mandamus, it will be very difficult. We can't give them (people who consume liquor) a premium."

As the matter drew to a close, the Court granted further time to the government to file detailed counter on the following aspects:

1) the concrete steps that can be taken to curb manufacture of spurious liquor (both domestic and commercial);

2) Ways to utilize the money (amounting to crores) recovered as penalty

The Court also suggested that it could be used for awareness campaigns or increasing the manpower at the border areas, in the order.

"The State may also come out with a circular on effective investigation and enquiry that if any illegal balti is found, then the concerned local police may be held responsible for not keeping vigil", the order added.

The matter will next come up on December 12.

During an earlier session too, the Top Court had pulled up the Punjab government over the inaction of the instruments of the state government in dealing with the large-scale manufacture and sale of illicit liquor.

The Bench had revealed that it was not satisfied with the progress in the ongoing-investigation by the police and the Department of Excise, Government of Punjab.

Case Title: Tarsem Jodhan & Anr. v. State of Punjab & Ors. [SLP (C) No. 3764/2021]