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2016 (9) TMI 1520 - HC - Indian LawsProhibition on sale of Liqour - Whether the right to consume alcohol is a fundamental right and any infringement or intrusion into the said right, by means of legislation or otherwise, would amount to violation of the right to privacy and, therefore, constitutionally untenable? HELD THAT:- A citizen has a right to enjoy his liquor within the confines of his house in an orderly fashion and that right would be a part of right of privacy, a fundamental right, under Article 21 of the Constitution and, any deprivation thereof would have to withstand the test of Articles 14 and 19 of the Constitution as well. he new Excise Policy, 2015, clearly acknowledged that the problem with liquor was acute so far as the poor strata of the citizens are concerned, especially, in rural areas, to whom country liquor was cheaply and freely available. The unfortunate fact is that it was the State that encouraged cheap and easy availability of country liquor for the poor in the past years. This is acknowledged in the NEP 2015 itself. The policy itself did not say nor were there any facts to justify, that this was a noticeable problem in urban areas (municipalities). The policy clearly envisaged that in urban areas, the sale of liquor (foreign liquor/IMFL) would continue, though monopolized through BSBCL - IMFL/foreign liquor/beer is available on all four borders of Bihar. Its sale and consumption is legitimate there. Its manufacture in Bihar is not banned. Then banning its consumption by individuals in the confines of their houses, in an orderly fashion, will it not be unreasonable. Will it not be an unreasonable restriction on the right to privacy enjoyed by an individual in contradiction to trade or business. It would clearly be an unreasonable restriction and violative of Article 14, 19 and 21 of the constitution. The notification, dated 05.04.2016, would, thus, be bad if it were enforced against individuals. Section 19(4) of the Bihar Excise Act, 1915, as amended with effect from 01.04.2016 (passed by the State Legislatures on 31.03.2016) is ultra vires the Constitution and unenforceable. The impugned notification, dated 05.04.2016, issued by the State under Section 19(4) of the said amended Act is also ultra vires the Constitution and, consequently, unenforceable and the penal provisions of enhanced sentence and provision, with regard to confiscation of property, as introduced by the amendments on 31.03.2016, with effect from 01.04.2016, are also held to be ultra vires the Constitution. Petition allowed.
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