Top court recalls order to close wine shop in Puducherry

New Delhi, February 25

Clarifying that restrictions in its 2016 judgment on the setting up of liquor shops near highways has already been relaxed, the Supreme Court has recalled its order to close a wine shop in Puducherry within 150 metres of educational institutions.

“Having recalled the order of this court dated March 20, 2023, we are of the considered view that it would be appropriate to set aside the impugned order of the High Court,” a three-judge Bench led by CJI DY Chandrachud said. “We accordingly set aside the order of the (Madras) High Court dated January 4, 2022, and restore the writ petition back to the file of the High Court for decision afresh,” it said late last month while deciding review petitions filed by the Puducherry Government and the liquor owner/licencee affected by the order to close his wine shop. The top court said that the March 2023 order to close a Puducherry wine shop had relied on the Supreme Court’s 2016 ruling in State of Tamil Nadu versus K Balu, which has since been modified and relaxed in certain scenarios through orders passed in 2017 and 2018.