Chennai: The Madras high court has issued a set of suggestions to the state government in the matter relating to curbing the running of illegal bars.
A division bench comprising Justices S.Manikumar and Subramonium Prasad gave the set of suggestions while passing further orders on a petition filed by D.Prabakaran of Coimbatore district, which sought a direction to home, prohibition and excise department to prevent and detect fraudulent acts in Tasmac in respect of issuing and collecting license fee from bars.
The bench said though the courts are generally do not issue direction to the government to legislate and though the Magisterial courts in their discretion are empowered to impose a higher fine amount up to maximum or impose sentences as provided there for under Tamil Nadu Home, Prohibition and Excise Act, government has to consider as to whether punishment prescribed under the Act for running an illegal bar is sufficient to act as a deterrent, especially, in case of repeated violators. “The government should seriously consider as to whether repeated violators can be awarded with more stringent punishment than what is provided under the Act”, the bench added.
The bench said the government can also prescribe an authority to seal the illegal bars such as officials of the prohibition and enforcement department, Tasmac, police and others. The government can also consider making provisions for those affected persons by sealing, to file statutory appeals before the authority prescribed by the government within a time limit. The government may consider confiscating push carts, vessels and such other movables used for running illegal bars. The provisions for confiscating may also be considered and in this regard, the provisions of the Essential Commodities Act and other similar enactments where confiscation is prescribed may be taken note off, the bench added.
Directing authorities to conduct frequent inspections to ensure that illegal bars do not run, the bench posted to March 28, further hearing of the case.
The bench made the suggestions, following the submission made by the managing director of Tasmac on February 26 that a proposal would be submitted to the state government for appropriately amending the Tamil Nadu Prohibition Act and the Rules for enabling sealing of the illegal bars.
