Bengaluru: Expressing concern over the increase in the number of road mishaps, in particular those involving drunk drivers, the Karnataka High Court in a recent judgment has observed that the government cannot shut its eyes to the link between the rising number of highway accidents and the liquor shops near the national and state highways.
"The majority of accidents on the national and state highways take place because the drivers of heavy vehicles visit dhabas, bars and restaurants near the highways and consume easily available liquor. The very purpose of Rule 5 of the Karnataka Excise Licence (General Conditions) Rules, 1967, would be defeated, if these shops are allowed to do business near highways," the court said.
It also refers to several judgments, in which the Supreme Court has clearly held that there is no fundamental right to carry out the business of the sale of liquor. Also, that such traders of liquor are subject to the rigors and limitations of the rules applicable to this business.
"The strict and literal application of such rules is a 'sine qua non' for the larger interest of public safety and road safety for the travelers on state or national highways. Therefore, allowing any laxity for the application of these rules or finding fault with such orders for trivial reasons, would be defeating the very purpose of these rules."
The court made the observation while passing judgment in a case where a petitioner had approached the high court alleging that the Deputy Commissioner has threatened to withdraw the licence of a liquor vending shop on a state highway.
The petitioner had argued that that only the Deputy Commissioner (Excise) has jurisdiction to pass such an order and the Deputy Commissioner has no right to pass such an order.
The court disagreed, stating that the notice or the intimation of the DC, was unassailable, viewed from any angle and that the writ petition was devoid of any merit and was liable to be dismissed with costs, which were assessed at Rs.10,000, to be paid by the petitioner to the state.
What the law says
According to Rule-5 of the Karnataka Excise Licence (General Conditions)
Rules, 1967:
Restriction in respect of location of shops: No licence for sale of liquor shall be granted to a liquor shop or premises selected within a distance of 100 metres from any religious or educational institution or hospital or any office of the State Government or Central Government or local authorities or in a residential locality, where the inhabitants are predominantly belonging to Scheduled Castes or Scheduled Tribes or within a distance or 220 metres from the middle of the State Highways or National Highways.
(Provided that where a shop is sanctioned to a village the population of which is less than two thousand five hundred, such shop shall be located outside the residential locality of the village. For the purpose of this rule "National Highway" or "State Highway" shall not include such parts of the National Highway or State Highway as are situated within the limits of a Municipal Corporation, City or Town Municipal Council, or such other authority having a population of twenty thousand or more).
