Maharashtra wine shop association moves Gujarat HC against police action in liquor prohibition cases

A Maharashtra-based wine shop owners' association has moved Gujarat high court challenging police actions against its members and employees under Gujarat liquor prohibition act.

The association has argued that owners based in Maharashtra are being booked by Gujarat police based on statements of co-accused caught in liquor smuggling cases despite the fact that they are operating their business with valid license in their state. It has approached high court seeking relief from cases where the shop owners and their employees have been arrested "without any investigation" and are facing several FIRs.

"... as the wine Shop owners are operating their business in state of Maharashtra and have valid license to sell the liquor, therefore selling of liquor in retail from the Wine Shop is not at all illegal and thus involving the wine shop owner/employees of wine shop in cases of Gujarat Prohibition Act, 1949 is illegal and unconstitutional," the petitioner has stated.

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The petition has been moved by Association of Progressive Retail Liquor Vendors (APRLV) through its president Arvind Miskin. The court is likely to take up the matter for hearing on July 7. The petitioner's advocate Dhruvin Mehta told DH that there are 61 members in the association, out of which 8-9 are facing criminal cases under prohibition act registered in Gujarat. He said one of the members has been arrested while some have filed anticipatory bail applications.

The petition states that Gujarat police have them notices for appearance under section 41-A of code of criminal procedure on the basis of persons arrested for liquor smuggling in Gujarat.

"As per the present rules in State of Maharashtra, if the license holder selling liquor breaches any condition or is involved in any matter of Prohibition Act than the police officials are directed to inform it to the Excise Department and all the actions in that context would be taken by Excise Department, it is clearly stated through notification that police has no right to interfere in the case of Prohibition Act," the petition argues.

Mehta added that after learning about the petition many other associations are likely to join the petition who are also facing the same situation. Apart from Maharashtra, liquor is smuggled in Gujarat through bordering Rajasthan, Madhya Pradesh and union territories of Dadra and Nagar Haveli and Daman and Diu. The police have booked several wine shop owners in these states under prohibition act.