Excelsior Correspondent
Srinagar, Mar 23: High Court today refused to issue directions for prohibition of liquor trade in Jammu and Kashmir saying that it is regulated by the Excise Rules as also the principles of state policy.
Closing the plea seeking direction upon the respondent-authorities to close all such shops and establishments where liquor is stored and sold and to rehabilitate those engaged in the business of storing and selling of liquor by providing them alternate means of livelihood, the Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta said.
“We reiterate that this Court cannot, by issuing writ of mandamus, enforce the directive principles of State policy and direct the respondents to enforce strict prohibition in J&K. The trade in liquor in the UT of J&K is regulated by the J&K Excise Act and the rules framed therein”.
The DB said the Government is empowered to frame Excise Policy to regulate such trade within four corners of Excise Act and rules framed therein and if the petitioner, court added, feels aggrieved by the Excise Policy in vogue or Excise Policy, which is issued for the next financial year, shall be well within its right to make his grievance by setting up specific case against any of the terms and conditions of the policy.
The instant petition was also filed seeking recall of the order dated 27th October, 2015, passed in a PIL filed by an NGO for taking necessary steps for prohibition of sale and consumption of liquor in the erstwhile State of J&K.
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