CHENNAI, FEB 4
Bringing back cheers on the face of housewives in Tamil Nadu, Madras High Court on Friday directed the Tamil Nadu State Marketing Corporation (TASMAC) to close down in six months, all the bars established in its retail shops across the State.
Decision is bound to affect the state revenues and consumers of alcoholic beverage in the state.
State government owned TASMAC runs retail liquor outlets in Tamil Nadu since 2003 and before that private firms were allowed.
Bars attached to such retail shops are however run by private parties. Wholesale liquor supply is also vested with TASMAC.
Justice C Saravanan also held that any person found in an intoxicated condition at a public place, should be punished under the provisions of the Tamil Nadu Prohibition Act, 1937.
The consumption of alcohol as per the Act and the rules thereunder, is permissible only in private space and/or in one’s home.
If TASMAC has to continue to encourage consumption of liquor in the so-called bars, the substantive law under the Act has to be amended, taking note of the changes in the society and in the light of thedecision of the Supreme Court taken in 2004.
Since the practice of running bars has been in vogue since 2003, which was not strictly in accordance with the provisions of the 1937 Act and Article 47 (dealing with public health and bringing prohibition) of the Constitution, the legislature may bring in suitable legislation to amend the Act, the judge, however, said.
Till the law is amended and proper rules are framed, which are in tune and consistent with the provisions of the 1937 Prohibition Act, TASMAC shall refrain from granting licences/permits to the petitioners and others to do support service or business in the sale of snack or collecting used bottles, the judge said.
