The Allahabad High Court recently comprising of a bench of Justices Surya Prakash Kesarwani and Saurabh Srivastava while hearing writ petitions filed by successors of men who died after consuming poisonous country/foreign made liquor purchased from Licensed Retail Vend Country Liquor Shop, prima facie opined that its State's responsibility to pay the compensation. (Rani Sonkar And 10 Others v. State Of U.P. And 3 Others)
The bench observed, "...prima facie, the State Government, having complete control and regulation to manufacture and sale of liquor under the U.P. Excise Act, 1910 and Rules framed thereunder; is also liable to pay a specified amount to the sufferer or successors of the deceased under the provisions of 'Mukhya Mantri Kisan Evam Sarvhit Bima Yojna' which provides for compensation on account of death or permanent disability due to poison etc.."
Facts of the case
Petitioner nos. 1 to 4 and 6 to 10 are the widows of those male persons who died due to consumption of poisonous country/foreign made liquor purchased from Licensed Retail Vend Country Liquor Shop. Petitioner no.5 is the son of one Rikhraj Nishad who died due to consumption of poisonous liquor purchased by him from a licensed Retail Vend Country Liquor Shop.
Petitioner no.11 is the person who also purchased liquor from Licensed Retail Vend Country Liquor Shop and on consumption lost his eye's vision. It is an admitted fact that all the consumers have purchased liquor from Licensed Retail Vend Country Liquor Shops which were sold by the licensees to them as branded liquor. As per charge sheet dated 2.8.2021 filed by the State under Section 60 (A) of U.P. Excise Act and Sections 419, 420, 467, 468, 471, 272, 273, 120B IPC, Police Station Pawai District Azamgarh, the licensed vendors and certain other persons were involved in manufacture and sale of poisonous liquor and sold it to large number of persons including the husbands/father of the petitioners herein resulting in either death of consumers or loss of eye vision.
Courts Observation and order
The bench at the very outset remarked, "Thus, the husband/father of the aforesaid petitioners were sufferers due to consumption of poisonous liquor purchased by them from Licensed Retail Vend Country Liquor Shop. Thus primafacie, the State Government, having complete control and regulation to manufacture and sale of liquor under the U.P. Excise Act, 1910 and Rules framed thereunder; is also liable to pay specified amount to the sufferer or successors of the deceaseds under the provisions of "Mukhya Mantri Kisan Evam Sarvhit Bima Yojna" which provides for compensation on account of death or permanent disability due to poison etc."
The bench further noted that the Learned Chief Standing Counsel has also been confronted with the Division Bench judgement of this court dated 25.1.2021 passed in Writ-C No. 21066 of 2020 (Oriental Insurance Co. Ltd vs. Uma Devi and 2 others) with respect to the aforesaid "Mukhya Mantri Kisan Evam Sarvhit Bima Yojna". From perusal of the records of the writ petition it appears that most of the petitioners are illiterate and belongs to weaker section of the society.
The Court has granted two weeks’ time to Chief Standing Counsel to file counter affidavit and petitioners shall have three days thereafter to file rejoinder affidavit.
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