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Illegal manufacture and transportation of spurious liquor – State of Punjab is directed to continue the steps to stop the illegal manufacture and transportation of spurious liquor and to stop the illegal Bhatthis

Bysclaw

Apr 20, 2023

SUPREME COURT OF INDIA

DIVISION BENCH

TARSEM JODHAN AND ANOTHER — Appellant

Vs.

THE STATE OF PUNJAB AND OTHERS — Respondent

( Before : M.R. Shah and C.T. Ravikumar, JJ. )

Petition(s) for Special Leave to Appeal (C) No(s). 3764 of 2021 (Arising out of impugned final judgment and order dated 10-09-2020 in CWP-(PIL) No. 115 of 2020 passed by the High Court of Punjab & Haryana at Chandigarh)

Decided on : 27-03-2023

Illegal manufacture and transportation of spurious liquor – State of Punjab is directed to continue the steps to stop the illegal manufacture and transportation of spurious liquor and to stop the illegal Bhatthis – As reported earlier, the local police shall be held responsible if any illegal Bhatthi in their area is found – Earlier incidents of the death of innocent persons, who died because of consumption of spurious liquor, it is pointed out in the latest counter affidavit that 7 FIRs were filed with respect to three incidents in three districts and in all those cases, after the investigation, the accused were arrested and charge-sheeted and the trial is going on.

Counsel for Appearing Parties

Mr. Prashant Bhushan, Advocate, Mr. Rahul Gupta, Advocate, Ms. Alice Raj, Advocate, for the Appellant; Mr. Ajit Kumar Sinha, Sr. Advocate, Mr. Ajay Pal, Advocate, Mr. Mayank Dahiya, Advocate, Ms. Sugandh Rathor, Advocate, Ms. Priyanka C., Advocate, for the Respondent.

ORDER

1. Earlier, this Court considered the counter affidavit filed on behalf of the State of Punjab on the steps taken to stop the illegal manufacture and transportation of spurious liquor and to stop the illegal Bhatthis. Taking into consideration the counter affidavit filed on behalf of the State of Punjab, this Court passed the following order on 15.12.2022 –

“Considering the reply filed on behalf of the State of Punjab, it appears that some further steps are taken to stop the illegal manufacture and transportation of spurious liquor and to stop the illegal Bhatthis. It is reported that now the local police shall be held responsible if any illegal Bhatthi in their area is found. It is also reported that even awareness programmes shall also be held and conducted.

Learned counsel appearing on behalf of the petitioners, however, has submitted that so far as the earlier incidents are concerned, in which number of persons died, the investigation is not in the right direction and the real culprit who actually manufactured and supplied the spurious liquor, no further steps are taken.

The aforesaid shall be considered on the next date of hearing.

The State to file further counter affidavit on the investigation carried out so far on the earlier incidents in which number of persons died due to spurious liquor.

Put up on 10.02.2023.”

2. The State of Punjab is directed to continue the steps to stop the illegal manufacture and transportation of spurious liquor and to stop the illegal Bhatthis. As reported earlier, the local police shall be held responsible if any illegal Bhatthi in their area is found. The State is directed to act accordingly.

3. Now, so far as the earlier incidents of the death of innocent persons, who died because of consumption of spurious liquor, it is pointed out in the latest counter affidavit that 7 FIRs were filed with respect to three incidents in three districts and in all those cases, after the investigation, the accused were arrested and charge-sheeted and the trial is going on.

4. In view of the above, no further order is required to be passed except, as observed hereinabove.

5. With this, the Special Leave Petition stands disposed of.

6. Pending application(s) shall also stand disposed of.

By sclaw

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