- (1.) This Public Interest Litigation has been filed by a practising Advocate of this Court seeking for a direction upon the respondents to implement the provisions of Article 47 read with Article 21 of the Constitution of India for bringing prohibition in the State of Jharkhand and/or for bringing about gradual prohibition of the consumption of liquor, which is injurious to health except for medical purposes.
(2.) The brief facts are as follows:- The petitioner is a social activist and is deeply concerned with the evils of alcoholism in the Society, which, according to the petitioner, is not only increasing number of crimes but is also injurious to health of the common people. The State has been encouraging and freely and liberally giving licence for having wine shops on highways, which is completely against the directives of Ministry of Road, Transport and Highways, Government of India, whereby the State has been asked to review the licence and not to allow any liquor vans abreast the highways. Due to the liberal attitude of the State, tremendous increase of accidents on the highways was found and during the year 2011, total number of 24655 road accidents were reported due to intake of alcohol and drugs and similar alarming increase has been reported in the year 2012. In the State of Gujarat, there is complete prohibition on the consumption of liquor and then least number of road accidents is reported. It is the further case of the petitioner that drinking also gives rise to other crimes, like molestation and abuses and the petitioner also referred to an incident of molestation of girls by boys aged between 17 and 22 years reported in May, 2013. According to the petitioner, number of wine shops is increasing day by day and the information supplied from the year 2001-02 to the year 2011-12 indicates that the State Government has been increasing the target of collection of revenue from the sale of both country and foreign liquor. The target of revenue has been increased to Seventy Thousand lakhs for the year 2011-12 and in the year 2011, the State had also fixed the target of number of wine shops as 1720. According to the petitioner, inspite of constitutional provisions in Articles 47 and 21 of the Constitution of India, the State of Jharkhand has not taken steps to bring prohibition. The petitioner has, therefore, filed present Public Interest Litigation seeking for a direction upon the State of Jharkhand to strictly follow and implement the provisions of Articles 47 and 21 of the Constitution of India for bringing prohibition in the State.
(3.) Respondents have filed a detailed counter affidavit referring to the various steps taken by the State of Jharkhand in regulating liquor shops and also to create awareness among the people to dissuade from drinking. According to the State, the policies framed by the Government of Jharkhand are aimed at regulating/controlling sale of liquor, in particular augmenting revenue resources of the State in general.;