Delhi HC dismisses challenge to law prohibiting sale of alcohol to persons under 25 years in capital

The Delhi High Court today dismissed a petition seeking to quash Section 23 of the Delhi Excise Act, which prohibits sale or delivery of alcohol to persons under the age of 25 years in the capital..Section 23 states:.23. Prohibition of sale to certain persons.No person or licensed vendor or his employee or agent shall sell or deliver any liquor to any person apparently under the age of twenty-five years, whether for consumption by self or others..The petition preferred by Kush Kalra had alleged that there was discrimination against young people in Delhi, as the legal drinking age was far less in several other states..The legal drinking age in almost all other states was either 18 or 21 years of age, it was stated. The petitioner thus argued that there was no reason provided for having the minimum age for consuming alcohol as 25 years. It had also been contended that having the legal drinking age as 25 years increases the risk of illegal sale of alcohol in the National Capital Territory..While dismissing the petition, a Division Bench of Chief Justice DN Patel and C Hari Shankar observed that Section 23 does not impose a legal drinking age of 25 years in Delhi. It only provides that sale of alcohol to persons under 25 years of age is prohibited..“It is a wrong notion in the mind of the Petitioner…What is prohibited under Section 23 of the Delhi Excise Act has nothing to do with drinking age. It is a prohibiton on the licensee to serve and deliver alcohol (to persons below 25 years of age)…Petitioner has presumed that the age of drinking is prescribed…”.It further noted that even otherwise, there was no reason to interfere with the Section, as it was a matter of policy decision of the Delhi Government.. “Even otherwise also, we see no reason (to interfere).. It is a policy decision that at which age, what is delivered by a licensee…”.Rejecting arguments of discrimination, the Court said,.“It is not obligatory on Government of Delhi to follow what is prescribed by other States…The cut-off age for sale or delivery of alcohol prescribes a valid classification and there is a reasonable nexus with what is sought to be achieved.”.With these observations, the petition was dismissed..The petition was filed through Advocates Charu Walikhanna and Dharmendra Singh Pal. .Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.