In an observation that could bring in major changes in the social scenario, the Kerala High Court on Tuesday held that the state should think of prohibiting the consumption of foreign liquor from outlets at any time before 5 pm.
The court also asked the state to file a report in this regard before September 10.
A Division Bench comprising Justice C N Ramachandran Nair and Justice C K Abdul Rehim issued the directive while considering an appeal filed by the state government challenging a single judge order. The single judge had ruled that the amendment to Rule 28 of the Foreign Liquor Rule was unconstitutional.
As per the amendment, FL-3 hotels functioning within a panchayat or municipality should not be kept open before 8 am and after 11 pm.
The court also asked the state to restrict the sale of liquor at bar hotels during the day time and allow the sale from 5 pm to 12 pm. “The state should also consider prohibiting the sale of toddy during working hours so that the consumption of alcohol can be reduced, ultimately trying to achieve total prohibition,” the court said.
The court also pointed out that it was planning to reduce the consumption of alcohol in the state, ultimately trying to achieve total prohibition.
“It is common knowledge that alcoholics take liquor in the morning and the day time and consume the rest during evening and night. The sale of liquor in bar hotels from morning onwards is an encouragement for all working class people and drivers to engage in work under the influence of alcohol,” the court said.
If the government is sincere in cutting down the consumption of alcohol among the public and bring order in society, the first step should be permitting the liquor sale in bar hotels only after 5 pm.
If this is brought about, nobody would drink during the working hours, the court held, and added that though driving under the influence of alcohol is an offence, it has not been prohibited yet.
The court also said that liquor was sold in bottles from the shops under the Beverages Corporation during the day time.
However, as long as people consume alcohol after the working hours, there should not be any problem. The court also sought the views of the government as to whether the liquor sold in bar hotels can be restricted.
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