The Supreme Court chastised the Punjab government on Monday for failing to act through its instruments in dealing with the large-scale manufacture and sale of illicit liquor. A bench led by Justice MR Shah directed the Punjab Excise Department to notify it of the specifics of certain FIRs filed in the state:

"In a hooch tragedy, who is the sufferer? Not those who can afford whiskey. Common people and the downtrodden are the sufferers…Take this very seriously."

On behalf of the petitioner, advocate Prashant Bhushan alleges the involvement and patronage of district police officials, the administration, and local political leaders in the promotion of the illicit liquor trade. He urged, "This kind of large-scale illicit liquor trade cannot go on without the connivance of the police and the politicians."

The Division Bench observed, "It appears that no serious efforts seem to have been made to reach out to the real culprits who are in the business of the manufacture and transportation of such illegal liquors. Cancelling the license and recovery of penalties or duties is not sufficient."

The Bench directed the Undersecretary to the Punjab Government, Department of Excise and Taxation, to file a detailed counter on the following issues:

·         Have the owners of distilleries, bottling plants, or breweries whose licences were reported to have been revoked, or against whom penalties or duties were imposed, been prosecuted for violations of the Indian Penal Code, 1860, or other violations?

·         Have the levied penalties or duties been recovered?

·         In the three reported cases where challans were filed,

1.      Who were the challans filed against?

2.      The allegations contained in the FIRs

3.      For what crimes were the challans issued?

·         In the remaining cases, please provide the following information about each FIR:

1.      Who were the FIRs filed against?

2.      What offences were the FIRs filed for?

3.      What stage is the investigation in?

5) Who has been arrested as a result of the FIRs?

The observations were made during the hearing of a petition against a September 2020 order of the Punjab and Haryana High Court dismissing a petition seeking transfer to the CBI of some FIRs registered in Punjab regarding the alleged sale and interstate smuggling of spurious liquor.

Case Title: Tarsem Jodhan & Anr. v. State of Punjab & Ors. 

SLP (C) No. 3764/2021