THE STATE OF TAMILNADU REP. BY ITS SECRETARY HOME, PROHIBITION & EXCISE DEPT & ORS. versus K. BALU & ANR.

Citation: [2016] 11 S.C.R. 244 · Decided: 15-12-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2016] 11 S.C.R. 244 
A 
THE STATE OF TAMILNADU REP. BY ITS SECRETARY 
B 
c 
D 
E 
F 
G 
H 
HOME, PROHIBITION & EXCISE DEPT & ORS. 
v. 
K. BALU & ANR. 
(Civil Appeal Nos. 12164-12166of2016) 
DECEMBER 15,2016 
[T. S. THAKUR, CJJ, DR. D. Y. CHANDRACIIUD AND 
L. NAGESWARA RAO, .JJ.J 
Liquor: 
National Highways and State Highways - Drink and drive 
accidents -Alarming statistics - Policy 011 removal of retails oullets 
for liquor on national and state highways across the country adopted 
by Union Government - Challenged - Held: Court must accept the 
considered view formed by expert body as same was based 011 
statistics and data which made out a consistent pattern year after 
year - The existence of liquor vends; advertisements a11d sign hoards 
drawing attention to the availability of liquor coupled with the 
arduous drives particularly in heavy vehicles makes it ahunda11tly 
necessary to enforce the policy of the Union government to safeguard 
human life - Constitution of India - Art.47 - Public health. 
Exclusion of stretches of National Highway and State 
Higln-11ays which fall within the limits of municipal or local authority 
from the ambit of prohibition - Propriety of - Held: Where National 
or State Highway passes through a city, town or through the area of 
iurisdiction of a local authority, it would he illogical to allow the 
sale of /iqour along that stretch of the Highway - Such an exclusion 
would defeat the policy since the presence of liquor shops along 
such stretches of a National or State Highway would allow drivers 
to replenish their stock of alcohol, resulting in a situation which the 
policy seeks to avoid in the first place - Once it is an accepted 
position that the presence of liquor vends along the highways poses 
a grave danger to road safety an exception cannot he carved out to 
permit the sale of liquor along a stretch of the Highway which passes 
through the limits of a city, town or local authority - Such a11 
exception would he wholly arbitrary and violative of Art.14 -
Constitution of India - Art.14. 
244 
STATE OF T. N. REP. BY JTS SECY. HOME, PROHIBITION & 
EXCISE DEPT v. K. BALU 
Highways - National/State Highways - Location of liquor 
shops - Held: No distinction can be made between National and 
State Highways in regard to the local ion of liquor shops - It would 
defy common sense to prohibit liquor shops along National 
Highways while permitting !hem on State Highways - The prohibition 
should extend not merely to the National and State Highways but 
must be so appropriately tailored so as to ensure that !he policy is 
not defeated by locating liquor shops even in close proximity of the 
Highway - A restriction that the shop should not be acceMible or 
visib!e from the National or State Hig/nvays or fi·om a service lane 
along such highways is necessary to ensure I hat the policy is not 
surreptitiously violated. 
Licence for liquor shops - Held: No licences for liquor shops 
should be allowed both on the National and State Highways -
Moreover, in order to ensure that this provision is not defeated by 
the adoption of subterfuge, no exception can be carved out for the 
gram of liquor licences in respect of those stretches of the National 
or State Highways which pass through the limits of any municipality 
corporation, city, town or local authority - Necessary safeguards 
must be introduced to ensure that liquor vends are not visible or 
directly accessible from the highway within a stipulated distance of 
500 111etres from the outer edge of the higlnff1y; or fi·om a service 
lane along the highway. 
Motor Vehicles Act, 1988: s.185 - Object of - Held: s.185 is 
indicative of a parliamentary intent to follow a zero tolerance policy 
towards driving under the influence of alcohol. 
Constitution of India: Art.19(1 ){g) -There is no funda111ental 
right under Art.19(1)(g) to trade in liquor - Liquor has been 
regarded as res extra co111111ercium. 
· Disposing of the appeals and transfer petition, the. Court 
HELD: 1. It is trite law that in matters of policy, in this 
case a policy on safety, the court will defer to and accept a 
considered view formed by an expert body. Second, this view of 
the Union government is based on statistics and data which make 
out a consistent pattern year after year. Third the existence of 
liquor vends on highways presents a potent source for easy 
availability of alcohol. The existence of liquor vends; 
245 
A 
B 
c 
D 
E 
F 
G 
H 
246 
A 
, B 
c 
D 

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