Supreme Court asks Centre, states to reply to plea seeking ban on sale of alcohol in tetra packs, sachets

The Supreme Court on Wednesday asked the Centre and states to file their response in four weeks on a plea for banning the sale of alcohol in "inconspicuous packaging" such as tetra packs and sachets.

A bench of Justices Vikram Nath, R Mahadevan and Aparesh Kumar Singh gave the petitioner NGO 'Community Against Drunken Driving' two weeks to file its rejoinder thereafter and listed the matter for detailed hearing after six weeks.

Senior advocate Vipin Nair, appearing for the NGO, said alcoholic beverages being sold in tetra packs in 10 states and Union Territories (UTs) have deceptive imagery with names like 'Chili Mango Vodka'.

He said these tetra packs appear like fruit juice with alcohol content mentioned in smaller letters.

Nair said the Centre and states have not filed their response to the petition.

The bench ordered, "Liberty is granted to the petitioner to serve the unserved respondents through the standing counsel for the concerned respondents... Four weeks' time is granted to the represented respondent(s) to file their counter affidavit(s).

"The petitioner will have two weeks' time thereafter to file a rejoinder affidavit. List the matter after six weeks."

The plea sought a direction to the Centre to frame a policy applicable to all states and UTs and to ban the sale of alcohol in packaging such as tetra packs and sachets.

It also sought a direction to the Centre to frame a policy in respect of the states to amend their respective excise Acts, rules and policies forthwith, adopting uniform definitions of "bottling" limited to glass containers or other visibly distinct receptacles.

The petition said there should be standardisation and harmonisation of excise policies of different states regarding the bottling of liquor.

It said inconspicuous packaging had the potential to dramatically increase the public consumption of alcohol.

"The petitioner is constrained to file this public interest petition after observing that alcohol, particularly cheaper alcohol, is being sold in inconspicuous packaging viz portable PET bottles, plastic sachets and tetra packs in various states across the nation," it said.

Senior advocate Arvind Datar, appearing for Action Alliance for Recycling Beverage Cartons (AARC), sought impleadment of the petitioner and said that in the garb of a public interest litigation (PIL), the instant matter is specifically, directly and categorically targeted at the paper-based carton packaging industry since the entire petition has been premised on the argument that purportedly the sale of liquor in glass bottles is better than the sale of liquor in aseptic paper-based carton packages.

The AARC said that liquor/ alcoholic beverages have been permitted to be sold in aseptic paper-based cartons in India for the past 21 years, and are presently so permitted in 10 states and UTs.

"For example, the state of Karnataka has permitted such sales since 2005, the state of Andhra Pradesh since 2014 and the state of Uttar Pradesh since 2014. It is stated that state excise policies in this regard have been issued openly and in exercise of statutory power, and have continued uninterrupted since," it said.

The plea of AARC said at present, an estimated 10 billion packs of alcoholic beverage cartons are being sold in India in a year.

"It is stated that where a lawful practice has subsisted openly, under statutory permission, for almost 21 years, and where investment and employment on that scale have been created in reliance upon it, a petition seeking its prohibition without any explanation for the delay in challenging the same, is liable to be dismissed on the ground of delay and laches and more so where the relief would have an immediate and irreversible prejudice upon a large body of third parties not before the court," it said.

The bench allowed the impleadment of AARC in the matter.

The top court also asked the Centre and the states to file their responses in four weeks on the plea of the NGO for direction for an effective protocol and robust policy for the enforcement of mandatory age checks at liquor sales points.

It directed that a copy be served to the office of Solicitor General Tushar Mehta for his response.

"List the matter after six weeks. In the meantime, the petitioner may serve a copy of this petition in the office of the solicitor general.

"Four weeks' time is granted to the respondent no. 1, Union of India, to file a counter affidavit," it said.

On May 20, the top court sought responses from the Centre and other stakeholders on a plea for a ban on the sale of alcohol in tetra packs and sachets.

On November 11, 2024, the top court sought a response from the Centre on a petition by the NGO which said that the excise policy of different states has age legislation making it illegal to consume or possess alcohol below a certain age but a robust mechanism to check the age of consumers or buyers at alcohol points of sale or consumption is absent.

The petition has also opposed doorstep delivery of liquor service, contending it would hasten the formation of the habit of alcohol consumption among underage persons.