The Punjab and Haryana High Court has raised concerns over the Haryana government's decision to allow the sale of liquor past midnight in Gurugram and Faridabad.
A division bench comprising Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisht observed that permitting people to remain in bars and pubs throughout the night could significantly disrupt the social fabric of Indian society.
“Excess drinking and indulging in night life in Indian society is still a social taboo. While we may not be understood to discourage nightclubs, policymakers ought to take into consideration the Indian culture and also consider the that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far reaching goal,” the Court said.
The Bench further noted that while a few states in India have implemented complete prohibition, most states have established specific time limits for the sale of liquor. It emphasized that once such a schedule is established, there should be no provision for extending the sale hours throughout the night in exchange for additional fees.
“A balance has to be struck between the amount of revenue being earned vis-à-vis maintaining and nurturing the culture of the State. It is expected that the State shall take into consideration our observations while framing the future excise policy,” the court said.
The Court made these observations while hearing a petition challenging a provision in the Haryana Excise Policy 2024-25 that restricts bars and pubs in districts other than Gurugram and Faridabad from operating past midnight.
The petition was filed by liquor license holders from Panchkula district, who argued that under the previous policy, they were permitted to remain open until 2:00 AM, with an option to extend operations until 8:00 AM upon paying an additional ₹20 lakh annually. However, they contended that the new policy limits their operations to 12:00 midnight, while the timings for bars in Gurugram and Faridabad remain unchanged.
Rejecting the plea, the Court held that license holders, having agreed to operate under the terms of the Excise Policy, cannot later challenge specific provisions that are unfavorable to them.
“Principle of ‘take it or leave it’ has to be accepted and applied in contractual matters. Where a person wants to do liquor trade, he would have to accept the conditions as framed by the State,” the Court said.
It further said that no one has stopped the petitioners from doing business at Gurugram.
"The petitioners are carrying on business of sale of liquor in their pubs and bars at Panchkula, the persons situated at Gurugram and Faridabad cannot be said to be similarly situated. The amount of license fee which they have to pay is different from what is being paid by license holder at Panchkula," the Court added.
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