AIR 2002 SUPREME COURT 2968 ::2002 AIR SCW 3472 ::2002 (7) SCC 104 ::(2002) 6 Scale 100 ::(2002) 4 SCJ 45 ::2002 (3) LRI 702 ::2002 (5) SLT 41 ::2002 (5) Supreme 535 ::(2003) 1 CurLJ(CCR) 160 ::2002 (8) SRJ 410 ::(2002) 6 JT 361 (SC) ::2002 (6) JT 361

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): G. B. Patnaik, Ruma Pal, K. G. Balakrishnan , JJJ

Constitution of India , Art.19(6), Art.14, Art.136— Tamil Nadu Prohibition Act (10 of 1937) , S.54— Tamil Nadu Liquor (Retail Vending) Rules (1989) , R.14— G.O.Ms. 128, 129, 130 issued by Govt., Tamil Nadu - Trade in intoxicating liquor - Cannot be claimed by citizen as inherent right - However, reasonableness of excise policy can be looked into by Court - Licensing - Retail vending of Indian made foreign liquor - Govt. Policy issued under G.O.Ms. 115 for licensing of shops for block period 2001-2004 - Provisions dealing with renewal of existing licence holders - Alteration of existing policy vide Govt. Orders 128 129 and 130 and abolition of provisions of renewal of existing licence holders and decision to have fresh lot in respect of all the shops - Is arbitrary, having no nexus with object of augmentation of excise revenue - Court substitutes clause by issuing directions. So far as the trade in noxious or dangerous goods are concerned, no citizen can claim to have trade in the same and the intoxicating liquor being a noxious material, no citizen can claim any inherent right to sell intoxicating liquor by retail. It cannot be claimed as a privilege of a citizen of a State. That being the position, any restriction which the State brings forth, must be a reasonable restriction within the meaning of Article 19(6) and reasonableness of the restriction would di....