The Allahabad High Court has held that the State Government, having complete control and regulation to manufacture and sale of liquor under the UP Excise Act, 1910 and Rules framed thereunder, is also liable to pay specified amount to the sufferer or successors of the deceased under the provisions of “Mukhya Mantri Kisan Evam Sarvhit Bima Yojna” which provides for compensation on account of death or permanent disability due to poison etc.
The Division Bench of Justice Surya Prakash Kesarwani and Justice Saurabh Srivastava passed this order while hearing a petition filed by Rani Sonkar and 10 others.
In this matter, the Petitioner nos 1 to 4 and 6 to 10 are the widows of those male persons who died due to consumption of poisonous country/foreign made liquor purchased from Licensed Retail Vend Country Liquor Shop.
The Petitioner no 5 is the son of one Rikhraj Nishad who died due to consumption of poisonous liquor purchased by him from a licensed Retail Vend Country Liquor Shop.
The Petitioner no 11 is the person who also purchased liquor from Licensed Retail Vend Country Liquor Shop and on consumption lost vision.
It is an admitted fact that all the consumers have purchased liquor from Licensed Retail Vend Country Liquor Shops which were sold by the licensees to them as branded liquor.
The Court noted that,
As per charge sheet dated 2.8.2021 filed by the State under Section 60 (A) of U.P Excise Act and Sections 419, 420, 467, 468, 471, 272, 273, 120B IPC, Police Station Pawai District Azamgarh, the licensed vendors and certain other persons were involved in manufacture and sale of poisonous liquor and sold it to large number of persons including the husbands/father of the petitioners herein resulting in either death of consumers or loss of eye vision.
Thus, the husband/father of the aforesaid petitioners were sufferers due to consumption of poisonous liquor purchased by them from Licensed Retail Vend Country Liquor Shop.
The Court held that, thus prima facie, the State Government, having complete control and regulation to manufacture and sale of liquor under the U.P Excise Act, 1910 and Rules framed thereunder; is also liable to pay specified amount to the sufferer or successors of the deceased’s under the provisions of “Mukhya Mantri Kisan Evam Sarvhit Bima Yojna” which provides for compensation on account of death or permanent disability due to poison etc.
The Chief Standing Counsel was also confronted with the Division Bench judgement of the court dated 25.1.2021 passed in writ petition (Oriental Insurance Co. Ltd vs. Uma Devi and 2 others) with respect to the aforesaid “Mukhya Mantri Kisan Evam Sarvhit Bima Yojna”.
From perusal of the records of the writ petition, it appears that most of the petitioners are illiterate and belong to weaker sections of society, the Court observed.
The Court has granted two weeks’ time to Chief Standing Counsel to file counter affidavit and petitioners shall have three days thereafter to file rejoinder affidavit.
The Court said the counter-affidavit shall be filed on behalf of the State respondents, by an officer not below the rank of Secretary. The Court has fixed the next hearing of the petition on September 19, 2022.