Shillong, Jul 28: The Meghalaya High Court has observed that moral objection by church elders and locals cannot be a ground to deny the operation of a legally licensed liquor outlet that complies with the state’s Excise Rules.
While hearing a petition by the owner of the shop, Justice HS Thangkhiew directed the authorities to permit the owner to operate the Indian Made Foreign Liquor (IMFL) retail outlet at Danakgre in West Garo Hills district.
In its order issued on Monday, the high court held that she had fulfilled all statutory requirements for shifting the shop from Jengjal market.
The petitioner had obtained a no-objection certificate from the local ‘Nokma’ or village head, secured permission from the Excise Department to shift the outlet in January 2025 and possessed a valid licence.
However, she alleged in her petition that the Superintendent of Excise directed her to close the shop following objections from local church leaders and members of a development committee.
The court noted that official inquiries found no violation of the Meghalaya Excise Act and Rules and confirmed that the outlet was situated beyond the mandatory 200-metre distance from places of worship, educational institutions and hospitals.
It held that the objections raised by the respondents were based “on moral grounds, rather than legal or other substantial grounds” that would justify revoking the licence or preventing the shop from operating.
The court also took note of official reports stating that another licensed restaurant-cum-bar was operating about 105 metres away from the petitioner’s outlet and that illegal liquor sales were rampant in the area, observing that the presence of a legal retail outlet could help curb bootlegging.
While reiterating that there is no fundamental right to trade in liquor, the court said that once a licence is granted in accordance with the law, it creates a legal right that cannot be taken away except through due process.
Holding that the petitioner’s licence and permissions were valid and that the objections lacked legal merit, the court directed the authorities to allow her to operate the liquor outlet at the relocated site. (PTI)
