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Supreme Court of India 2017-03-31 disposed

State of Tamil Nadu rep.by Sec. and Ors vs K. Balu and Anr

Bench: 3 — D.Y. Chandrachud

In Brief

This judgment addresses the Supreme Court's 31 March 2017 order modifying its 15 December 2016 directions on liquor vends near highways. The Court upheld the 500-metre distance restriction from national and state highways, rejecting claims that it violates constitutional power or causes undue hardship. Finding no fundamental right to trade in liquor, the Court held the measure necessary to prevent drunken driving—a leading cause of road accidents. Modulations were permitted: areas with populations under 20,000 can apply 220 metres; excise year-end deadlines were standardised to 30 September 2017; and Sikkim and Meghalaya received terrain-based exemptions from the distance requirement (but not from highway prohibitions). No exemption for municipal areas was allowed, as it would defeat the policy objective.

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Road Safety Excise Law Constitutional Law Administrative Law Public Health Motor Vehicles Act Fundamental Rights Drunken Driving

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