Recently, the Rajasthan High Court took suo motu cognizance of alleged systemic violations of liquor vend closing hours in Jodhpur City after a newspaper sting operation reported continued liquor sales beyond the prescribed time of 8:00 PM through concealed "emergency windows." Observing that such allegations raised concerns relating to public health, public order, and regulatory accountability, the Court invoked its constitutional jurisdiction and directed immediate scrutiny of the matter.
The matter arose from an investigative report published in the Jodhpur edition of Rajasthan Patrika, which alleged that several liquor vends continued selling liquor after the prescribed closing time through concealed openings, restricted-access windows, and partially shuttered premises. The report, supported by photographs and timestamps, suggested that such practices were recurring in nature and pointed towards possible enforcement failures by the Excise and Police authorities. Taking note of the prima facie material placed before it, the Court considered the issue to involve larger concerns of public welfare and regulatory compliance and proceeded to initiate suo motu proceedings under Article 226 of the Constitution.
The Court observed that the trade in liquor is not an ordinary trade but a privilege granted by the State subject to stringent regulatory control because of its potential impact on public health, public order, road safety, and societal welfare. Referring to Articles 14, 21, 38, 39 and 47 of the Constitution, the Bench noted that constitutional guarantees would be rendered illusory if statutory safeguards framed in public interest were systematically ignored.
The Court further observed that the material before it prima facie disclosed continuing violations of prescribed closing hours through concealed mechanisms designed to circumvent regulatory restrictions. It noted that such practices, if allowed to continue unchecked, would undermine the rule of law and weaken public confidence in governance. The Bench also expressed concern regarding the apparent inadequacy of monitoring and enforcement mechanisms and observed that recurring violations through structural loopholes indicated possible deficiencies in supervision and coordination among the concerned authorities.
Recognising the broader public consequences of non-compliance, the Court observed that unauthorised after-hours liquor sales could adversely affect public health, neighbourhood tranquillity, road safety, women’s safety, and maintenance of public order. The Court stressed that judicial intervention had become necessary in view of the prima facie indications of systemic violations and potential regulatory failure.
The Court took suo motu cognizance of the issue and directed registration of a Public Interest Litigation under Article 226 of the Constitution. Notices were issued to the concerned State, Excise, and Police authorities, who were directed to file detailed status reports addressing the allegations and enforcement measures. The Court also issued interim directions requiring surprise inspections, covert checks, examination of CCTV surveillance systems, digital billing mechanisms, timestamp-based closure verification protocols, and coordinated monitoring by Excise, Police, and Municipal authorities.
The matter was directed to be listed for further consideration after submission of the required reports.
Case Title: Systemic Violations Of Liquor Closing Hours And Excise Regulations In Jodhpur City
Coram: Hon’ble Justice Pushpendra Singh Bhati, Hon’ble Justice Nupur Bhati
Read Judgment @Latestlaws.com
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