Sudhir Agarwal, J. - (1.) This writ petition has been filed as a Public Interest Litigation (hereinafter referred to as "P.I.L.") under Article 226 of Constitution of India by a Society "Struggle Against Pain", registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as "Act, 1860"), vide certificate of registration dated 26th June, 1999. It has raised grievance of flagrant, blatant, bald and open defiance of statutory provisions of "The Uttar Pradesh Intoxicating Liquor (Objectionable Advertisements) Act, 1976" (hereinafter referred to as "U.P. Act, 1976") on the part of respondents-3 to 9 by issuing various advertisements in Print Media, Electronic Media as also through Sign Boards, Posters etc., displaying their brands, commonly known for brands of liquor.
(2.) It is said that petitioner is a registered society and amongst its objectives, one is to work against social evils like, intoxication, alcoholism etc. Petitioner organizes awareness camps, cultural programmes and workshops etc. against intoxication and alcoholism. Article 47 of Constitution of India imposes a duty upon State to bring about prohibition of consumption of intoxicating drugs except for medicinal purpose. Under U.P. Excise Act, 1910 (hereinafter referred to as "Act, 1910"), Legislation has also declared fundamental policy of excise administration in the State of U.P. to promote, enforce and carry into effect policy of prohibition of consumption, except for medicinal purposes, of intoxicating drinks and drugs, which are injurious to health.
(3.) In furtherance of aforesaid object, State Legislature has also enacted U.P. Act, 1976, which came into force on November, 1975. It was enacted with an objective to prohibit advertisements of liquor by cinematographic exhibitions, walls, buildings and hoardings in public places and to provide for matters connected therewith. Section 3 of U.P. Act, 1976 prohibits advertisement of intoxicating liquor by way of any publication which solicits use of, or offers for sale any intoxicating liquor. If there is any advertisement in violation of Section 3, a legal presumption has to be drawn under Section 4 against such person on whose behalf it is published, unless proved otherwise. Contravention of Section 3 is an offence under Section 6 and it provides for conviction and punishment of imprisonment which may extend to 6 months or with fine or with both. Power to investigate about offence has been conferred upon an Excise Officer, not below the rank of Excise Inspector, vide Section 8 of U.P. Act, 1976. He shall have same powers as are vested in an Officer In-charge of a Police Station under Chapter 12 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C. 1973"). Such Excise Officer may make investigation without any order of Magistrate. The offence under U.P. Act, 1976 is also compoundable vide Section 10, on payment of such compounding fee as found acceptable by District Magistrate. Section 11 confers power upon State Government to frame rules.;