The Supreme Court on Monday issued notice to the Kerala government on a petition challenging the state's notification that limited the ethyl alcohol content in toddy at 8.1 per cent.
A Bench headed by Justice Dalveer Bhandari, while seeking a reply from the state government and the state excise authorities, also stayed the criminal proceedings initiated against various liquor vendors.
Seeking to restrain the state government from cancelling their licences, the petition (by a toddy vendor) said that there is nothing on record to establish that the ethyl alcohol content in toddy cannot go up to 12 per cent.
Various licensees have challenged the Kerala High Court judgment that held valid the state government notification.
The High Court also ruled that any violation of the order would make a licensee liable to be prosecuted under Section 57(a) of the Kerala Abkari Shops (Disposal in Auction) Rules 2002.
The petition alleged the High Court had ignored the apex court's verdict in the State of Kerala vs Unni case, where it was held that the 2002 Rule prescribing the maximum limit at 8.1 per cent was ultra vires of law as it was vague, unreasonable and unworkable.Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Views 454 Report
