The Bombay High Court on Friday directed the Maharashtra Wine Merchants Association to approach the Brihanmumbai Municipal Corporation (BMC) Commissioner and seek permission for over-the-counter retail sale of liquor.
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A Division Bench of Justices Nitin Jamdar and N.R. Borkar was hearing via videoconferencing a petition filed by the association. The plea challenged the notifications and orders dated May 5, 12 and 22, and sought a direction to permit over-the-counter retail sale of liquor in Mumbai. It also sought refund of the proportionate amount of the licence fee.
The advocate representing the association contended that if despite being red zones in view of the COVID-19 pandemic, sale of liquor over the counter is permitted in Pune and Nashik, then why it can’t be allowed in Mumbai.
He referred to an order passed by the Supreme Court on May 8 on a petition from Tamil Nadu, and said the online and home delivery of liquor is fraught with various difficulties, can have adverse social impact, and it is also not safe. He therefore urged for the notifications to be quashed and set aside.
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The HC said the order dated May 22, issued by the Municipal Corporation of Greater Mumbai, does not permit over-the-counter sale of liquor and allows e-commerce platforms to be utilised for its delivery. “This decision is in the nature of policy. Such a decision entails evaluation of various competing factors. Situation may differ from place to place. The relevant factors can also undergo a change by passage of time.”
The Bench added, “It will be appropriate that the petition be placed before the Municipal Commissioner” regarding the sale of liquor over the counter, and directed the authorities to file their reply within four weeks on the refund of the proportionate amount of the licence fee.