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The Maharashtra government’s decision to permit the sale of wine in supermarkets, walk-in stores or stores providing self-purchase has been challenged before the Bombay High Court, stating that the same is contrary to its de-addiction policy.

Till now, only registered wine stores were permitted to sell wine. After the January 27 notification, permission was granted to allow the sale of wine in supermarkets and stores in all districts, except in those under prohibition orders, like Wardha and Gadchiroli.

A plea has been filed by one Sandip Kusalkar, founder and president of NGO Yuvaan, which works closely with teenagers, young adults and underprivileged children who are orphans or unable to receive parental care and are hence susceptible to social vices like alcohol, drug addiction, gambling and so on.

According to the petitioner, the government’s recent decision defeated the aim and object of de-glamourizing alcohol consumption and would facilitate a person to buy alcohol on their own, without any supervision.

The plea further points out that the Maharashtra government’s decision, allowing the sale of wine in supermarkets and other grocery shops, was contrary to a government resolution of August 2011 that had adopted a de-addiction policy.

The de-addiction policy adopted by the state government was to curb addiction in youth and to make efforts to discourage people from indulging in drinking.

“The resolution casts a duty upon the state to prohibit consumption of intoxicating drinks and drugs which are injurious to health and to improve the standard of living and improve the public health at large,” stated the plea.

According to the plea, the earlier resolution stated that, “There shall be no sale of alcohol near educational, government offices, parks, hospitals, religious places and state and national highways”.

It further stated, “The government is bound to close any establishment selling alcohol if 25 per cent of female voters in that area call for closure of it”.

“Unfortunately, the said cabinet decision of the Maharashtra government is directly contrary to this resolve of the government itself and it speaks loudly about making available an elaborate market for wine products and effective marketing of wine in Maharashtra and to popularize wine drinking,” added the plea.

The petitioner added that the January 2022 decision only bars the sale of wine in stores near educational and religious institutions. The plea prayed to declare the cabinet decision as “unconstitutional” and ultra vires the Maharashtra Prohibition Act and the 2011 government resolution.

Cause Title: Sandip Kusalkar vs State of Maharashtra