The association’s PIL calls for the Gujarat High Court to issue directives to the Gujarat Police, restraining them from initiating criminal actions against wine shop owners and liquor license holders in Maharashtra based on the testimonies of individuals apprehended for prohibition law violations in Gujarat. shop owners from Maharashtra have approached the Gujarat High Court through a Public Interest Litigation (PIL), seeking judicial intervention to safeguard them against actions taken by the Gujarat Police. The hearing for this PIL is scheduled for February 15, as the petitioner’s advocate was not available on Wednesday for the initial hearing.
In a notable legal move, an association representing liquor shop owners from Maharashtra has approached the Gujarat High Court through a Public Interest Litigation (PIL), seeking judicial intervention to safeguard them against actions taken by the Gujarat Police. This legal plea stems from incidents where the Gujarat Police have targeted wine shop proprietors based on allegations made by individuals caught violating the Gujarat Prohibition Act, specifically those involved in the illicit transportation of alcohol into Gujarat, a state known for its stringent prohibition laws.
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The Association of Progressive Retail Liquor Vendors from Maharashtra, alongside a similar association from the Union Territory of Daman, has voiced concerns over the current practice where statements from apprehended bootleggers pointing to wine shops in Maharashtra or Daman as the source of contraband lead to criminal proceedings against these shop owners in Gujarat. This issue prompted the association to initially file a petition last year, which was later withdrawn with the option to refile, leading to the current PIL.
Dhruvin Mehta, the Advocate for the association, highlighted the legal predicament faced by liquor vendors in Maharashtra and Daman. According to him, the legal framework in Maharashtra allows for the sale of liquor, with a defined protocol for addressing any breaches of prohibition laws. This protocol mandates that any infringement should prompt action from the excise department rather than result in immediate criminal charges against the shop owners. However, when individuals are caught in Gujarat with illicit liquor and trace it back to shops in Maharashtra or Daman, the Gujarat Police have been booking and, in some instances, arresting the shop owners based on these allegations.
The association’s PIL calls for the Gujarat High Court to issue directives to the Gujarat Police, restraining them from initiating criminal actions against wine shop owners and license holders in Maharashtra based on the testimonies of individuals apprehended for prohibition law violations in Gujarat. This legal challenge aims to protect the rights and livelihoods of liquor vendors operating legally within their respective states, who find themselves entangled in cross-state legal issues due to the unique prohibition laws of Gujarat.
The PIL filed in the High Court by vendors in Maharashtra seeks to safeguard the rights and livelihoods of those legally operating within their state’s boundaries. They are facing legal complications involving Gujarat’s prohibition laws, and this legal action aims to address and mitigate those challenges.
The hearing for this PIL is scheduled for February 15, as the petitioner’s advocate was not available on Wednesday for the initial hearing. This case underscores the complex interplay between state-specific laws in India, especially concerning the sale and transportation of alcohol, and highlights the challenges faced by businesses operating legally within their jurisdiction but facing legal hurdles due to actions in neighboring states. The outcome of this PIL could have significant implications for the liquor trade in regions bordering Gujarat and for the enforcement practices of the Gujarat Police concerning prohibition law violations.
