The Hindu Business Line : AP High Court terms Excise Policy `unconstitutional'

THE Andhra Pradesh High Court on Thursday struck down important aspects of the new Excise Policy declared by the State Government this month. Official sources said that the Government would go in for appeal over the verdict.

Delivering a 50-page judgment, Mr Justice L. Narasimha Reddy, said that the clause that prohibited renewal of existing licences was arbitrary, unreasonable and hence unconstitutional.

Over 150 writ petitions were filed against the new excise policy by nearly 2,000 retail wine shop owners throughout the State. The petitioners contended that the new policy, which bars renewal of existing licences and declared that new licensees would be chosen by lots from those who submitted applications, was arbitrary.

The State Government contended that the new policy was aimed at breaking the liquor syndicate and ensuring availability of good liquor apart from streamlining the liquor business in the State to cut down revenue loss.

Justice Reddy, however, did not appreciate the Government's stand. "In the name of providing liquor to the common man at affordable prices, the State has forgotten or neglected the plight of women and innocent children," he observed.

Dealing with actions of respective State Governments, the Judge lamented, "in the hunt for easy money in the form of licence fee, and commission on sale of liquor, the State did not hesitate to sacrifice the lives and health of millions of gullible people, the welfare of equal number of families and corresponding dignity and decency in the society."

The Judge further observed that whatsoever the financial needs of the State may be, "It cannot depend on funds, derived out of an unfortunate vice."

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