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New Delhi:
The Supreme Court has stated that liquor shouldn’t be a vital factor whereas dismissing an enchantment by Maharashtra Wine Merchants Association (MWMA) in opposition to the Bombay High Court order refusing to direct the state to permit over-the-counter sale of liquor in Mumbai.
A bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah stated: “The High Court has already permitted the petitioner to represent the matter to the Municipal Corporation. We see no reason to entertain this special leave petition. The special leave petition is dismissed.”
Advocate Charanjeet Chanderpal, showing for the MWMA, stated a illustration was made to Brihanmumbai Municipal Corporation (BMC) as directed by the excessive court docket but it surely has not responded as but.
He urged the highest court docket to repair a time-frame on BMC or municipal fee for deciding the illustration of the Association.
The counsel stated that on-line sale of liquor has many issues and probabilities of sale spurious liquor are very excessive whereas over-the-counter sale of liquor would stop such merchandise being bought.
“Liquor is not an essential thing. We are not inclined to entertain this plea,” the bench stated.
On May 29, the excessive court docket had refused to quash the BMC’s order prohibiting over-the-counter sale of liquor within the metropolis, stating that it was the civic physique’s coverage determination to take action amid the COVID-19 pandemic.
It had refused to quash a notification issued by the civic physique on May 22, prohibiting over-the-counter sale of liquor and allowing using e-commerce platforms for residence supply of alcohol.
The MWMA within the excessive court docket had sought a route to the state authorities to allow sale of liquor at wine outlets in Mumbai, which is a COVID-19 crimson zone.
The petition had contended that in cities like Pune and Nashik, the place the COVID-19 state of affairs was just like Mumbai, common counter sale of retail liquor was being permitted.
The MWMA had contended that the system of on-line orders and residential supply of liquor was fraught with difficulties and will have an adversarial social influence and was additionally not protected.
The excessive court docket, nevertheless, stated it could be acceptable for the petition to be positioned earlier than town municipal commissioner as a illustration.
The municipal commissioner will be capable of take an acceptable determination after contemplating all of the components, the court docket had stated.
“This decision is in the nature of policy. Such a decision entails evaluation of various competing factors. The situation may differ from place to place. The relevant factors can also undergo a change with passage of time,” the court docket had stated.
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