The Supreme Court of India declined to intervene in a PIL challenging liquor sold in tetra packs in Uttar Pradesh, calling it a policy matter. The Court allowed the petitioner to approach authorities, noting concerns over easy access to alcohol by students.
The Supreme Court of India on Thursday refused to entertain a Public Interest Litigation (PIL) that challenged the availability of wine in tetra packs in the state of Uttar Pradesh. The matter was heard by a bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Pancholi.
The petitioner, Meenakshi Shree Tiwari, raised concerns about the easy availability of alcohol in tetra pack packaging, arguing that such packaging could make it easier for school-going children to carry and consume alcohol. During the hearing, she pointed out a comparison with another state, saying that her daughter lives in Ahmedabad where such a situation does not exist.
She told the Court,
“There is no problem there, but in UP children will carry these tetra packs to classes..”
The Court, however, noted that the issue falls within the domain of policy decisions taken by the State government. It observed that the excise policy of Uttar Pradesh does not explicitly permit the sale of liquor in tetra packs. At the same time, the bench acknowledged that an administrative decision was taken by the State government in February 2025 allowing such small packaging of liquor.
While disposing of the plea, the bench refrained from interfering in the matter and emphasized that it would not be appropriate for the judiciary to express an opinion on such policy decisions. The Court stated,
“The said policy decision is on record. It is not expedient for the court to express any opinion. Since petitioner alleged availability of liquor in tetra packs and is likely to have impact on educational institutions and on the students, we dispose of the plea with liberty to submit the copy of this plea as representation to authorities who may in turn consider the request”
The Court granted liberty to the petitioner to submit her concerns as a representation before the appropriate authorities, who may then consider the issue in accordance with law.
This is not the first time the Supreme Court has expressed concern over liquor being sold in tetra packs. Last year, during the hearing of a trademark dispute between liquor companies, the Court had raised questions about such packaging. At that time, the bench had observed the risks associated with the easy portability of tetra packs and remarked,
“Should this even be permitted…it is so easy to carry in schools”
The earlier observation came during a long-standing trademark dispute between Allied Blenders and Distillers Pvt. Ltd., which markets whiskey under the brand ‘Officer’s Choice’, and John Distillers Ltd., which markets whiskey under the name ‘Original Choice’. Both companies had challenged each other’s trademarks before the Intellectual Property Appellate Board (IPAB), seeking rectification.
The IPAB, in its order dated March 8, 2013, dismissed both petitions, holding that the two trademarks were not deceptively similar and would not confuse consumers. However, the Madras High Court later intervened through an order dated November 7, 2025, observing that the mark ‘Original Choice’ had issues and directing its rectification.
During the proceedings before the Supreme Court, both companies presented their original bottles as well as tetra pack versions of their products to demonstrate the branding and packaging. Considering the commercial nature of the dispute, the Court suggested that mediation would be a better solution. It requested former Supreme Court judge Justice L. Nageswara Rao to act as a mediator to help resolve the matter amicably.
The present case, titled Meenakshi Shree Tiwari vs Union of India, was heard on April 16, 2026. The Court’s decision highlights its consistent approach of avoiding interference in policy matters while still allowing citizens to raise their concerns before the appropriate administrative authorities.
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