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Supreme Court of India 2024-10-23 allowed

State of U.P. & Ors vs M/S Lalta Prasad Vaish and sons

Bench: 9 — Dhananjaya Y Chandrachud, Hrishikesh Roy, Abhay S Oka, J B Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma, Augustine George Masih, B V Nagarathna

In Brief

In a landmark 8:1 decision, the Supreme Court held that state governments have the power to regulate industrial (non-potable) alcohol under Entry 8 of the State List. The majority overruled Synthetics and Chemicals (1990), finding that 'intoxicating liquor' includes not just potable alcohol for human consumption but all alcohol susceptible to harmful misuse. Entry 8 covers the full spectrum from raw materials to final consumption. Entry 52 (Union List) cannot override this specific entry. A notified order under Section 18G of IDRA is unnecessary to occupy the regulatory field. This judgment opens significant revenue sources for states on industrial alcohol while affirming consumer health protection concerns through entry 8 interpretations.

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