Consider Indian culture: P&H High Court on sale of liquor beyond midnight at Gurugram, Faridabad

The Punjab and Haryana High Court has questioned Haryana government’s decision to permit the sale of liquor beyond midnight in Gurugram and Faridabad [DA Bodega Hospitality and Others vs State of Haryana and Other]..The Division Bench of Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisht said if the people are allowed to stay all night at bars and pubs, the social strain of Indian society would be seriously hampered.“Excess drinking and indulging in night life in Indian society is still a social taboo. While we may not be understood to discourage night clubs but the policy makers ought to take into consideration the Indian culture and also consider the that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far reaching goal,” the Court said..The Bench further said that while few States in India have applied absolute prohibition, most of the States have laid down a time schedule for selling liquor.Once a time schedule is laid down, there should be no provision for granting extension of the said time for the entire night by taking extra money, it added.“A balance has to be struck between the amount of revenue being earned vis-à-vis maintaining and nurturing the culture of the State. It is expected that the State shall take into consideration our observations while framing the future excise policy,” the Court said..It made these observations while dealing with a petition challenging a provision under Haryana Excise Policy 2024-25 that prohibits bars and pubs in districts other than Gurugram and Faridabad from operating beyond midnight.The liquor license holders of Panchkula district had moved the High Court, saying that under the earlier policy, they were also allowed to remain open up to 02.00 AM with a provision to further extend operations up to 08.00 AM on payment of additional amount of ₹20 lakh per annum..However, it was stated that the new policy allows them to remain open only till 12 PM even as the timings of the bar licenses in Faridabad and Gurugram remain unchanged.The Court rejected the plea, stating that once the petitioners have obtained license under the Excise Policy and are doing their business in the terms laid down therein, they cannot turn around and challenge part of the said policy which does not suit them.“Principle of ‘take it or leave it’ has to be accepted and applied in contractual matters. Where a person wants to do liquor trade, he would have to accept the conditions as framed by the State,” the Court said..It further said that no one has stopped the petitioners from doing business at Gurugram."The petitioners are carrying on business of sale of liquor in their pubs and bars at Panchkula, the persons situated at Gurugram and Faridabad cannot be said to be similarly situated. The amount of license fee which they have to pay is different from what is being paid by license holder at Panchkula," the Court added..[Read Judgment]