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  3. Allahabad HC says no to online liquor sale
 Allahabad HC says no to online liquor sale
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From Courts Legal

Allahabad HC says no to online liquor sale

by Newsdesk August 13, 2021

AA

Prayagraj, Aug 13 (IANS) The Allahabad High Court has dismissed a public interest litigation (PIL), seeking the framing of a policy to permit online sale of liquor and home delivery in Uttar Pradesh.

Dismissing the PIL filed by Gopal Krishna Pandey, a high court lawyer, a division bench comprising Justice Munishwar Nath Bhandari and Justice Subhash Chandra Sharma observed: “Finding the subject matter as the policy of the state, we are not inclined to allow online sale of liquor.”

The PIL was filed seeking direction for framing necessary policy for home delivery of liquor.

The counsel for the petitioner submitted that certain state governments have issued notification to allow the sale of liquor online and, thereby, home delivery would be made.

It was in pursuance of the observations made by the Supreme Court to the states to consider non-direct sale, including online/home delivery of liquor to avoid overcrowding and to maintain social distancing norms in terms of Covid-19 guidelines.

The counsel also submitted that the Madras High Court has permitted online sale of liquor.

The chief standing counsel, representing the state government, opposed the petition and submitted that the prayer made is in reference to the policy decision and presently the government is not inclined to allow online sale of the liquor with home delivery.

The permission to sell liquor online by a few states was in the era when Covid-19 was at its peak and this was to avoid overcrowding in the shops. There is nothing on record to show overcrowding on the shops in the state of Uttar Pradesh and the peak of Covid and its second phase has gone.

The PIL gave several reasons to allow sale like if liquor is sold online, the sale would also increase which would also lead to a spike in revenue.

Secondly, the petitioner said, difficulty in finding location of shops as per Uttar Pradesh number and location of excise shop rules, 1968 would be removed. Besides, there will be low cost of maintenance of shops.

Further, senior citizens or other persons, who for any reason best known to them, avoid counter purchase from the shops, would also be facilitated.

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