The Supreme Court is seized of another interesting question – can toddy be treated as liquor for the purpose of ban on liquor along National and State highways?.A Bench of Justices Ranjan Gogoi and Navin Sinha today issued notice to Central and Kerala governments in a petition filed by Toddy Shop Licensee Association praying that ‘Toddy’ be not considered as ‘liquor’ while enforcing the judgment of the Court in State of Tamil Nadu and Ors. v. K. Balu and Anr..In a petition filed through M/s. Lawyer’s Knit & Co., the petitioner has contended that toddy is a drink of very low intoxication and distinct from other alcoholic drinks..“That traditionally Toddy has been considered differently from other forms of liquor as it is a natural drink and has a very low degree of intoxication. That even the State Government has time and again treated Toddy to be distinct from other forms of liquor/alcoholic drinks…. That the sale and consumption of Toddy is peculiar to a particular community in the State of Kerala and a large number of Toddy shops have been affected by applying the Orders of this Hon’ble Court to Toddy and a large number of persons have lost their livelihood.”.The petitioner has placed reliance Section 3(8) of the Kerala Abkari Act to buttress its point..“Respondents have taken Toddy to fall under ‘liquor’ as used in the Orders of this Hon’ble Court overlooking the fact that though Toddy which has a minuscule quantity of alcohol finds its mention under the definition of ‘Liquor’ under the Kerala Abkari Act, the very fact that ‘Toddy’ has also been separately defined under Section 3(8) of the Act shows the legislative intent on treating Toddy separate to that from ‘Liquor’…., the fact that Toddy has been defined separately as a “fermented or unfermented juice drawn from a coconut, palmyra, date, or any other kind of palm tree” shows the difference between Toddy and other forms of liquor.’”.Regarding the alcoholic content and the relevance of toddy to Kerala, the petitioner contends,.“Toddy available in Kerala has an average alcohol content ranging between 2.5% when it is fresh which goes up to about 6-6.5% when it is stored for 12 hours. That mostly Toddy is consumed within the first 12 hours as after 12 hours there sets in a slight sour taste. That Toddy perishes after 48 hours of its extraction and at its peak, the alcohol content in Toddy is about 9% which is the median alcohol content of light beer and much lower than other forms of liquor…..Toddy is starkly different from other forms of liquor. That Toddy in Kerala is consumed by people along with breakfast or with Tapioca or fish or just like a normal beverage to energize the body.”.The enforcement of the Supreme Court judgment is violative of Articles 14 and 19 of the Constitution, the petitioner has submitted..“That the said action of the Respondents in considering Toddy as falling under ‘liquor’ for the purposes of enforcing the Orders of this Hon’ble Court is arbitrary and wrong and infringes upon the fundamental right of the Petitioners under Article 14 and 19(1)(g) as guaranteed by the Constitution of India.”.Based on the above the petitioner has prayed for issuance of writ of mandamus,.“to not treat ‘Toddy’ and its trade as falling under ‘liquor’ while enforcing the judgment and Orders dated 15.12.2016 and 31.03.2017 passed by this Hon’ble Court in Civil Appeal Nos.12164-66 of 2016 and Batch matters titled as State of Tamil Nadu and Ors. versus K. Balu and Anr.”
The Supreme Court is seized of another interesting question – can toddy be treated as liquor for the purpose of ban on liquor along National and State highways?.A Bench of Justices Ranjan Gogoi and Navin Sinha today issued notice to Central and Kerala governments in a petition filed by Toddy Shop Licensee Association praying that ‘Toddy’ be not considered as ‘liquor’ while enforcing the judgment of the Court in State of Tamil Nadu and Ors. v. K. Balu and Anr..In a petition filed through M/s. Lawyer’s Knit & Co., the petitioner has contended that toddy is a drink of very low intoxication and distinct from other alcoholic drinks..“That traditionally Toddy has been considered differently from other forms of liquor as it is a natural drink and has a very low degree of intoxication. That even the State Government has time and again treated Toddy to be distinct from other forms of liquor/alcoholic drinks…. That the sale and consumption of Toddy is peculiar to a particular community in the State of Kerala and a large number of Toddy shops have been affected by applying the Orders of this Hon’ble Court to Toddy and a large number of persons have lost their livelihood.”.The petitioner has placed reliance Section 3(8) of the Kerala Abkari Act to buttress its point..“Respondents have taken Toddy to fall under ‘liquor’ as used in the Orders of this Hon’ble Court overlooking the fact that though Toddy which has a minuscule quantity of alcohol finds its mention under the definition of ‘Liquor’ under the Kerala Abkari Act, the very fact that ‘Toddy’ has also been separately defined under Section 3(8) of the Act shows the legislative intent on treating Toddy separate to that from ‘Liquor’…., the fact that Toddy has been defined separately as a “fermented or unfermented juice drawn from a coconut, palmyra, date, or any other kind of palm tree” shows the difference between Toddy and other forms of liquor.’”.Regarding the alcoholic content and the relevance of toddy to Kerala, the petitioner contends,.“Toddy available in Kerala has an average alcohol content ranging between 2.5% when it is fresh which goes up to about 6-6.5% when it is stored for 12 hours. That mostly Toddy is consumed within the first 12 hours as after 12 hours there sets in a slight sour taste. That Toddy perishes after 48 hours of its extraction and at its peak, the alcohol content in Toddy is about 9% which is the median alcohol content of light beer and much lower than other forms of liquor…..Toddy is starkly different from other forms of liquor. That Toddy in Kerala is consumed by people along with breakfast or with Tapioca or fish or just like a normal beverage to energize the body.”.The enforcement of the Supreme Court judgment is violative of Articles 14 and 19 of the Constitution, the petitioner has submitted..“That the said action of the Respondents in considering Toddy as falling under ‘liquor’ for the purposes of enforcing the Orders of this Hon’ble Court is arbitrary and wrong and infringes upon the fundamental right of the Petitioners under Article 14 and 19(1)(g) as guaranteed by the Constitution of India.”.Based on the above the petitioner has prayed for issuance of writ of mandamus,.“to not treat ‘Toddy’ and its trade as falling under ‘liquor’ while enforcing the judgment and Orders dated 15.12.2016 and 31.03.2017 passed by this Hon’ble Court in Civil Appeal Nos.12164-66 of 2016 and Batch matters titled as State of Tamil Nadu and Ors. versus K. Balu and Anr.”
