Bombay HC: Mere sale of liquor is not a ground for detention until it impacts public order


The Aurangabad bench of Bombay High Court upheld the yearlong detention of a 38-year-old woman.

The woman was detained for producing and selling spurious alcohol as well as spreading her business in various towns of Jalna district.

The High Court stated that mere sale of illicit liquor won’t be a ground for detention until it impacts the public order.

A bench of Justices Ravindra Ghuge and Balchandra Debadwar were listening the plea filed by one Chandrakala Jadhav.

The plea challenged previous year orders of the district collector which directed her for yearlong incarceration in the central prison, Harsul.

The prosecution contended that Chandrakala indulged into manufacturing and selling illicit liquor and went on to threatening responsible citizens from complaining about her to the police.

The prosecution also highlighted eight pending cases against her for similar offence.

The prosecution further stated that her drunkard customers usually created law and order situation in areas she sold the liquor.

The prosecution further highlighted that Chandrakala breached her earlier undertaking of not indulging into such activities.

After hearing the contentions, the bench remarked, “It is obvious that the purpose of the laws to detain a bootlegger was to curb and prevent the dangerous activities being indulged into by a particular person which prejudicially affected the people at large. However, it is necessary for the detaining authority to show that the activities of that person have a nexus with the maintenance of public order.

The Bench also noted that Chandrakala had threatened one of the two witnesses of dire consequences asking him to not give any statements.

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