Plea filed in Bombay HC against Maharashtra govt’s nod to sell wine in supermarkets – India Today

A public interest litigation (PIL) has been filed in Bombay High Court by a resident of Ahmednagar challenging the Maharashtra government’s recent decision to permit the sale of wine in supermarkets, walk-in stores or stores providing self-purchase.

In January, 2022, the Maharashtra cabinet had taken a decision to permit the sale of wine in supermarkets and walk-in stores across the state.

Currently, only registered wine stores are allowed to sell wine. Once the decision by the state cabinet is notified, the new rules will allow the sale of wine at walk-in stores or supermarkets with a minimum area of 100 square metres.

This decision, however, will not be applicable in Gadchiroli and Wardha districts, where the sale of alcohol is prohibited.

The petition has been filed by Sandip Kusalkar, who is a social worker, through advocate Filji Fredrick, claiming the state’s decision was directly contrary to the Government Resolution (GR) of August 17, 2011, which was aimed at de-addiction policy to curb proliferation addictions in youth. He claimed the cabinet decision permitted the sale of wine in grocery stores without any limitation on such sale and purchase.

He stated that the Cabinet decision was also contrary to Article 47 of the Constitution which casts a duty on the State to improve public health, and as a corollary prohibit the consumption of intoxicating drinks and drugs which are injurious to health.

“The cabinet decision speaks loudly about making available elaborate market for wine products and effective marketing of wine in the State of Maharashtra and to popularize wine drinking in Maharashtra,” stated the petition.

The petition prayed for the court to declare the cabinet decision to be unconstitutional and ultra vires the Maharashtra Prohibition Act and the 2011 government resolution and that there should be a stay on the operation and effect of the cabinet decision, during the pendency of the present PIL.

The plea will be heard by the high court soon.