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Tamil Nadu

Supreme Court upholds ban on toddy manufacture in Tamil Nadu

Legal Correspondent

“The ban has affected more than 10 lakh farmers
in the State”
Such a ban is in force in Gujarat too, points out Chief Justice

New Delhi: The Supreme Court on Monday declined to interfere with the policy decision of the Tamil Nadu government prohibiting the manufacture, sale and consumption of toddy in the State.

A three-Judge Bench comprising Chief Justice K.G. Balakrishnan, Justice L.S. Panta and Justice P. Sathasivam dismissed a special leave petition filed by Sugarcane Growers and Shakti Sugars Shareholders Association challenging a Madras High Court judgment upholding the ban.

Senior counsel Arvind Datar and counsel Nikhil Nayyar contended that the ban, while permitting the manufacture, sale and consumption of other liquor in the State, was not justified.

Mr. Datar said once the government allowed the manufacture and sale of Indian Made Foreign Liquor, there was no justification to ban toddy, particularly when there was no such ban in neighbouring States of Kerala, Karnataka and Andhra Pradesh.

He said the ban had affected over 10 lakh farmers in the State.

CJI told the counsel “it is a policy decision of the State government. There is no fundamental right to manufacture or trade in liquor. The problem with toddy is it affects ordinary people in villages. Whisky or other liquor is not easily accessible to the common man.”

When counsel persisted in his arguments, the Chief Justice pointed out that such a ban was in Gujarat also.

He said “it is for the State to decide. The State may sometimes change its policy also. We can’t issue any direction to the State.”

The SLP is directed against the impugned judgment dated December 19, 2007. The High Court dismissed the petition accepting the State’s averment that there was every possibility of adulteration of toddy right from the stage of tapping, processing, sale and consumption which proved to be fatal to the lives of poor people.

The State government said it had banned manufacture and sale of toddy in larger public interest.

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