Madras High Court
V.Sriraman vs The Home Secretary on 31 July, 2019
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
AND
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.29257 of 2017
W.M.P.No.31525 of 2017
V.Sriraman ... Petitioner
Vs
1. The Home Secretary,
Government of Tamil Nadu,
Namakkal Kavignar Maaligai,
Fort St. George, Chennai 600 009.
2. The Commissioner of Prohibition and Excise,
Chepauk, Chennai 600 005.
3. The Commissioner of Food Safety,
Office of the Commissioner of Food Safety,
5th Floor of DMS Office Building,
No.259, Anna Salai, DMS Campus,
Teynampet, Chennai 600 006.
4. The Managing Director,
Tamil Nadu State Marketing Corporation Ltd.,
CMDA Tower-II, IV Floor,
Gandhi Irwin Bridge Road,
Egmore, Chennai 600 008.
5. Elite Distilleries Pvt. Ltd.,
No.89, Nathanallar Village,
http://www.judis.nic.in Near Walajabad,
2
Kancheepuram Taluk & District,
Kancheepuram.
6. SNJ Distilleries Private Ltd.,
No.56/1, Kallapiranpuram Village & Post,
Madurantagam Taluk,
Kancheepuram District,
Kancheepuram.
7. United Spirits Ltd.,
No.5, Bye Pass Road,
Poonamallee, Chennai 600 056.
8. Mohan Breweries & Distilleries Ltd.,
No.112, M.M.Nagar,
Valasaravakkam, Chennai 600 087.
9. Shiva Distilleries Limited
45, Mettupalayam Road,
Narasimha Naicken Palayam
Coimbatore 641 031.
10.Empee Distilleries Limited
Mevaloorkuppam Village,
Sriperumbudur Taluk,
Kancheepuram District 602 105.
11.Southern Agrifurane Industries Limited (SAFIL),
Valuda Reddy Village,
Villupuram District 605 602.
12.Midas Golden Distilleries Pvt.Ltd.,
No.2/207,
Padappai, Pushpagiri Road,
Sirumathur Village,
Sriperumbudur Taluk,
Kancheepuram District 601 301.
13.Kals Distilleries Pvt.Ltd.,
http://www.judis.nic.in Kallakkottai Village,
3
Gandarvakottai Taluk,
Pudukottai District 622 302.
14.Golden Vats Pvt.Ltd.,
Karnavur Village, Mannargudi Taluk,
Tiruvarur District 614 014.
15.Imperial Spirits and Wine Pvt.Ltd.,
SF.No.103/2, Mavuthampathi Village,
Navakkarai (Post)
Coimbatore 641 105.
16.Chennai Brewaries Pvt.Ltd.,
Mount Tiruvallur High Road,
Aranvoyal Village,
Thiruvallur District 602 025
17.Empee Brewaries Ltd.,
No.788/2, Kuthambakkam,
Thirumazhisai,
Thiruvallur District 602 107.
18.SNJ Brewaries Ltd.,
No.23, Moosivakkam
Padalam Kootu Road,
Madurantagam Taluk,
Kancheepuram District 603 308.
19.Kals Brewaries Pvt.Ltd.,
Kunnathur Village,
Illapur Taluk,
Pudukkottai District.
20.Appollo Distilleries Pvt.Ltd.,
Billakuppam Village,
Sidharaja Kandigai Post, Gummidipoondi Taluk,
Thiruvallur Distirct 601 201.
21.A.M.Breweries Pvt. Ltd.,
Elayanarvellore Village,
http://www.judis.nic.in Kancheepuram Taluk. ... Respondents
4
Writ Petition filed under Article 226 of The Constitution of India
praying for the issuance of a Writ of Mandamus, directing the
respondents 1 to 4 to take action against respondents 6 to 22, under the
Food Safety and Standards Act, 2006, the Indian Penal Code etc, for
manufacturing, bottling and selling spurious/adulterated and substandard
liquor through the outlets of the 4th respondent.
For Petitioner : Mr.E.Vijay
For Respondents : Mr.Akhil Akbar Ali,
Government Advocate for R1 & R2
Mr.B.Manoharan, Addl. Govt.Pleader
for R3
Mr.K.Sathish Kumar for R4
Mr.K.Kumaresh Babu for R6 & R22
Mr.G.Thangapandian for R7 & R19
Mr.Adithya Reddy for R8
Mr.T.S.Gopalan & Co
for P.Raghunathan for R17 & R18
Mr.C.V.Vijayakumar for R14,16 & 20
Mr.V.M.G.Ramakannan for R12
No appearance for R9,R11,R13,
R15 & R21
ORDER
[Order was delivered by S.MANIKUMAR,J] The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take action against respondents 6 to 22, under the Food Safety and Standards Act, 2006, the Indian Penal Code etc, for manufacturing, bottling and selling http://www.judis.nic.in 5 spurious/adulterated and substandard liquor, through the outlets of the 4th respondent.
2. It is the case of the petitioner that the Managing Director, Tamil Nadu State Marketing Corporation Ltd., Chennai, 4th respondent, is a company, owned by the Government of Tamil Nadu and has a monopoly over the wholesale and retail vending of alcoholic beverages in the State of Tamil Nadu. The 4th respondent-company rakes in revenues, running into several crores, every year. In 2013-14, the company reported revenues of Rs.23,401 crores and in 2014-15, a reported 11.91 % increase with the reported revenue, standing at Rs.26,188 crores. Despite these sales figures, the 4th respondent has not ensured the quality of liquor with the standards laid down by the Food Safety Authorities.
3. Even in the newspaper report, dated 23.10.2017, viz., “Times of India” reads as, “Gulp It! No quality check in Tasmac Shops for 14 years”. This bizarre situation has resulted in a situation, where spurious/adulterated/sub-standard liquor manufactured by respondents 6 to 22, marketed with the machinery and manpower of the State. The 4th respondent, an instrumentality of the State, has been aiding and abetting http://www.judis.nic.in 6 the sale of noxious liquor to several thousands of consumers for over a decade. The 4th respondent runs Elite Tasmac (catering to costlier and branded liquor) and Green/Regular Tasmac. It is common knowledge that the Green/Regular Tasmac’s are visited by hundreds of consumers everyday.
4. The petitioner further states that he is a social drinker. Recently, at a party organised by his friend, he had purchased 4Nos. x
180.ml. bottles of Ancient Cask Premium Rum manufactured by Elite Distilleries Pvt.Ltd., Walajabad, Kanchipuram and 4Nos. x 180.ml. bottles of BACARDI Limon Rum, manufactured by SNJ Distilleries Private limited from TASMAC shop No.419, No.11, Ganesan Avenue, J.N.Road, Koyambedu, Chennai, on 23.03.2017 from Koyambedu. Upon consumption, his friends and himself were taken ill with symptoms of unusual dehydration, vomiting, diarrhoea and abdominal pain. Suspecting adulteration in the alcohol purchased by him, he gave a complaint through his friend Vijay, Advocate to the Food Safety Department.
5. The petitioner has further submitted that the complaint was filed with the Food Safety Department, pointing out the spurious quality http://www.judis.nic.in 7 of the "Ancient Cask Premium XXX Rum” manufactured by Elite Disilleries Pvt. Ltd., which was sold at TASMAC Shop No.419, No.11, Ganesan Avenur, J.N.Road, Koyambedu, Chennai 107. At receipt of the complaint the sample of Ancient Cask Premium XXX Rum" was sent to Food Lab, Thanjavur for Analysis by the food safety department on 10.04.2017. The said Analysis report was received to the Food Safety Department on 05.06.2017 and it was communicated to his friend, via vide letter, dated 20.06.2017, along with the analysis report, where analysis report shows the sample was found to be sub-standard with respect to IS 3811-2005.
6. He has further submitted that Section 38 of the Food Safety and Standards Act, 2006 empowers the Food Safety Officer to seize any article, which is found to be in contravention of the regulations. Sections 40 and 42 of the Food Safety and Standards Act, the Food Analyst shall send a copy of the sampling report to the Designated Officer with a copy marked to the Commissioner of Food Safety. The third respondent was under a statutory duty to take action against unscrupulous manufacturers.
http://www.judis.nic.in 8
7. It is further submitted by the petitioner that to counter check, the standards of the Ancient Cask - Premium XXX Rum, Batch No.BH001, Mfg date: 05.01.17, manufactured by Elite Distilleries Pvt. Ltd., one sample was drawn and submitted for Analysing at Chennai Mettex Lab Private ltd., Guindy, Chennai, accredited laboratory. This procedure is approved under Section 40 of the Food Safety and Standards Act, 2006. In the Analysis Report, dated 31.03.2017, results of total acids, resulted to 815, which shouldn’t exceed 200, as per IS 3811-2005 (Requirement for white rum). According to him, the analysis report of the samples confirmed his worst fear that the liquor does not conform the Indian Standards of the product.
8. Since they had a doubt on the other product we procured and submitted a sample of Bacardi Limon Rum, Batch No:312, Mfg:11/03/2017/LN.15, manufactured by SNJ Distilleries Pvt. Ltd., for Analysing at Chennai Mettex Lab, on the same day, the Analysis Report dated 31.03.2017 shows the results of Residue on evaporation, % (m/vl resulted in 6.98% which should not exceed 1.0 & Total Acids resulted to 550 which shouldn’t exceed 200, as per IS 3811-2005 (Requirement for white rum). Analysis report of the samples doesn’t conform the Indian Standards of the product.
http://www.judis.nic.in 9
9. It is further submitted that as per Tamil Nadu Distillery Rules, 1981, every distillery is under the direct supervision of the Joint Commissioner/Excise Supervisory Officer, shall excise all the powers and perform all the duties of a Collector in relation thereto and carry out the provisions. Where the Distillery Officer/Excise Supervisory Officer draw samples of final product, in respect of each batch before it gets bottled and send to State Forensic Laboratory for analysis, only after receiving the laboratory report and if it conforms the standards, Excise Supervisory Officer releases the liquor of the batch for bottling and permits to dispatch the final products to TASMAC Depots for sale to the consumers. If the report doesn’t conform the standards, the batch will not be certified for human consumption.
10. According to the petitioner, in Tamil Nadu, the situation is that the 5th respondent holds office as the Commissioner of Prohibition and Excise as well as the Managing Director of TASMAC. Despite wearing or attempting to wear two hats, the 5th respondent has deliberately abdicated his duty to prevent the sale of spurious liquor. The petitioner has strong grounds to believe that the rampant sale of spurious liquor has been taking place only with the aid and connivance of the 5 th respondent http://www.judis.nic.in 10 by conspiring with respondents 6 to 22. This is because the law presumes that the 5th respondent is appraised of the lab reports and that he is taken to have appraised himself with the contents of the same. Despite being aware of the adulteration, the 5th respondent has deliberately given the stamp of approval for the sale of spurious/adulterated liquor putting the lives of thousands of people in danger. This is criminal negligence, and this is precisely the reason that the petitioner had chosen to array the 5th respondent in his personal capacity. The 5 th respondent is not only guilty of dereliction of duty, but is guilty of aiding and abetting the sale of spurious liquor by respondents 6 to 22 across the State of Tamil Nadu.
11. The petitioner has further submitted that the Forensic Sciences Department Analysis Report (C.EX/IMFS/Elite:125/2017 dated 20.01.2017) of Forensic Sciences Department, shows the contents of the Ancient Cask Premium XXX Rum, bottled and manufactured by Elite Distilleries Pvt. Ltd., Walajabad, Kanchipuram, do not conform to the specifications laid down for White Rum in IS/3811/05 (IMFL), as below:
http://www.judis.nic.in 11 S.No Characteristics Requirements Result for the for White Rum samples labelled as per Ancient Cask IS/3811/005 Premium XXX Rum 1 Alcohol content %v/v Min 42.86% v/v 43.36% v/v 2 Total acids as tartaric acid 200 390.91 (expressed in terms of g/100 liters of absolute alcohol), (Max) 3 Volatile acids as acetic acid 50 390.91 (expressed in terms of g/100 liters of absolute alcohol) (Max)
12. Placing reliance on the observations of the Hon'ble Supreme Court in Chandran v. State of Kerala reported in (2011) 5 SCC 161 :
(2011) 2 SCC (Cri) 551, the petitioner has stated that the issue raised in this writ petition concerns the lives of thousands of people in the State and the writ petitioner apprehended that hundreds of people might have suffered just like him. As the State authorities have conveniently abdicated their responsibilities under the Statute, the larger interests of public health requires that this Court intervene to pass necessary orders to safeguard the public interest.
http://www.judis.nic.in 12 Heard the learned counsel appearing for the parties and perused the materials available on record.
13. Reading of the counter affidavit filed by the Commissioner of Food Safety, Chennai/third respondent, shows that the Tasmac sample reports were submitted by the Tamil Nadu Food Safety and Drug Administration Department and the said reports states that liquor/beer manufactured by the Distilleries / Breweries have been tasted by the Tamil Nadu Food Safety and Drug Administration Department and that the sample has been certified to have confirmed to the standards. The said report is extracted hereunder:
TAMIL NADU FOOD SAFETY AND DRUG ADMINISTRATION DEPARTMENT Surveillance TASMAC Samples Report Name of the Lab: Madurai Sl. Name of the Name of the Name of the Code Serial No. Date of Result No Company Block / District Sample No. Analysis lifted 1 Imperial Sprits and Madukkarai Imperial 24/003 68/2017- 21.12.17 Conforms to Wine Pvt. Ltd., Block, Express /011 18 Standard Coimbatore Special Brandy 2 Shica Distilleries Periyanaickenpa Cardinal 24/003 67/2017- 21.12.17 Conforms to Ltd., layam Block, Grape Brandy /012 18 Standard Coimbatore 3 Kals Distilleries Pvt. Gandarvakottai Black Pearl 155 7/2017-18 21.12.17 Conforms to Ltd., Block, Brandy Standard Pudukkottai 4 Elite Distilleries Walajabad Holandas 8 90/2017- 21.12.17 Conforms to Pvt. Ltd., Block, Spanish VSOP 18 Standard Kancheepuram Brandy http://www.judis.nic.in 5 Elite Distilleries Walajabad Royal Accord 8 91/2017- 21.12.17 Conforms to 13 Name of the Lab: Madurai Pvt. Ltd., Block, Premium 18 Standard Kancheepuram Gold French Brandy 6 Elite Distilleries Walajabad Accord No.1 8 92/2017- 21.12.17 Conforms to Pvt. Ltd., Block, Brandy 18 Standard Kancheepuram 7 Elite Distilleries Walajabad Honiey Day 8 93/2017- 21.12.17 Conforms to Pvt. Ltd., Block, Deluxe 18 Standard Kancheepuram Brandy 8 Elite Distilleries Walajabad Missionery 8 94/2017- 21.12.17 Conforms to Pvt. Ltd., Block, Monks Pure 18 Standard Kancheepuram Authentic Brandy 9 A.M.Breweries Pvt. Kancheepuram Royal Accord 70 103/2017- 21.12.17 Conforms to Ltd., Block, Super Strong 18 Standard Kancheepuram Beer 10 A.M.Breweries Pvt. Kancheepuram 10,000 Volts 70 104/2017- 21.12.17 Conforms to Ltd., Block, Super Strong 18 Standard Kancheepuram Beer 11 Golden Vats Pvt. Mannargudi Stallion 25 02/2017- 21.12.17 Conforms to Ltd., Block, Tiruvarur Stride Dark 18 Standard Rum 12 Golden Vats Pvt. Mannargudi Golden 25 03/2017- 21.12.17 Conforms to Ltd., Block, Tiruvarur Choice 18 Standard Deluxe Brandy 13 Golden Vats Pvt. Mannargudi Roman 25 04/2017- 21.12.17 Conforms to Ltd., Block, Tiruvarur Castle Grape 18 Standard Brandy 14 Golden Vats Pvt. Mannargudi Golden Vats 25 05/2017- 21.12.17 Conforms to Ltd., Block, Tiruvarur No.1 Brandy 18 Standard 15 Golden Vats Pvt. Mannargudi Seamens 25 06/2017- 21.12.17 Conforms to Ltd., Block, Tiruvarur Pride Classic 18 Standard Brandy 16 Golden Vats Pvt. Mannargudi One Man 25 07/2017- 21.12.17 Conforms to Ltd., Block, Tiruvarur Army XXX 18 Standard Rum 17 Golden Vats Pvt. Mannargudi Royal 25 08/2017- 21.12.17 Conforms to Ltd., Block, Tiruvarur Bapoleon 18 Standard VSOP Brandy 18 SAFIL Villupuram Diamond XXX 31 62/2017- 21.12.17 Conforms to Rum 18 Standard 19 SNJ Distilleries P. Madurantakam Bacardi 8 95/2017- 21.12.17 Conforms to Ltd., Block, Apple 18 Standard Kancheepuram Original Apple Rum http://www.judis.nic.in 20 SNJ Distilleries P. Madurantakam King Louis 8 96/2017- 21.12.17 Conforms to 14 Name of the Lab: Madurai Ltd., Block, XIV XO 18 Standard Kancheepuram French Brandy 21 SNJ Distilleries P. Madurantakam Royal Palace 8 97/2017- 21.12.17 Conforms to Ltd., Block, Premium 18 Standard Kancheepuram Brandy 22 SNJ Distilleries P. Madurantakam Top Star 8 98/2017- 21.12.17 Conforms to Ltd., Block, Brandy 18 Standard Kancheepuram 23 SNJ Distilleries P. Madurantakam Activator 8 99/2017- 21.12.17 Conforms to Ltd., Block, Vanila Vodka 18 Standard Kancheepuram 24 SNJ Distilleries P. Madurantakam Old Chef 8 100/2017- 21.12.17 Conforms to Ltd., Block, Deluxe 18 Standard Kancheepuram Brandy 25 SNJ Distilleries P. Madurantakam SNJ No.1 XO 8 101/2017- 21.12.17 Conforms to Ltd., Block, Strong 18 Standard Kancheepuram Brandy 26 SNJ Distilleries P. Madurantakam Role Model 8 102/2017- 21.12.17 Conforms to Ltd., Block, Superior Dark 18 Standard Kancheepuram Rum 27 SNJ Distilleries P. Madurantakam Brihans 8 106/2017- 21.12.17 Conforms to Ltd., Block, Superior 18 Standard Kancheepuram Grape Brandy 28 SNJ Brewers P. Madurantakam High Voltage 8 108/2017- 21.12.17 Conforms to Ltd., Block, Super Strong 18 Standard Kancheepuram Beer 29 SNJ Brewers P. Madurantakam SNJ 2000 8 007/2017- 05.01.18 Conforms to Ltd., Block, Super Strong 18 Standard Kancheepuram Beer 30 Empee Distilleries Sri Perumbudhur McLENE 8 89/2017- 24.01.18 Conforms to Ltd., Block, Brandy 18 Standard Kancheepuram 31 Empee Distilleries Sri Perumbudhur Chevalier De 8 88/2017- 24.01.18 Conforms to Ltd., Block, paris XL 18 Standard Kancheepuram premium Brandy 32 Empee Distilleries Sri Perumbudhur Empee 8 87/2017- 24.01.18 Conforms to Ltd., Block, Napolean 18 Standard Kancheepuram Brandy 33 United Breweries Poonamalle Zingaro 238 546/2017 22.12.17 Conforms to Limited Block, Tiruvallur Magnum Standard Strong Beer 34 United Breweries Poonamalle Kingfisher 238 545/2017 22.12.17 Conforms to Limited Block, Tiruvallur Classic Standard Strong Beer http://www.judis.nic.in 35 United Breweries Poonamalle Kingfisher 238 544/2017 22.12.17 Conforms to 15 Name of the Lab: Madurai Limited Block, Tiruvallur Select Standard Premium Beer 36 Mohan Breweries & Villivakkam Old Monk 246 540/2017 22.12.17 Conforms to Distilleries Ltd., Block, Chennai Deluxe Rum Standard 37 Mohan Breweries & Villivakkam Brigadier's 246 539/2107 22.12.17 Conforms to Distilleries Ltd., Block, Chennai No.1 Brandy Standard 38 Mohan Breweries & Villivakkam Vorion No.1 246 538/2017 22.12.17 Conforms to Distilleries Ltd., Block, Chennai Indian Standard Brandy 39 Enrica Enterprises Poonamalle Antiquity 23 543/2017 22.12.17 Conforms to Pvt. Ltd., Municipality, Blue Super Standard Thiruvallur Premium Whisky 40 Enrica Enterprises Poonamalle Royal 23 542/2017 22.12.17 Conforms to Pvt. Ltd., Municipality, Challenge Standard Thiruvallur Deluxe Whisky 41 Enrica Enterprises Poonamalle Signature 23 541/2017 22.12.17 Conforms to Pvt. Ltd., Municipality, Rare Whisky Standard Thiruvallur
14. Though Mr.E.Vijay, learned counsel for the petitioner mainly relied on the analysis report, dated 20.01.2017 of the Forensic Sciences Department, having regard to the contents of the counter affidavit and the release of the sample test conducted, we are of the view that the relief sought for cannot be granted.
15. Accordingly the writ petition stands dismissed. No costs.
[S.M.K., J] [S.P., J]
31.07.2019
Index: Yes/No
http://www.judis.nic.in
Internet:Yes/No
16
S.MANIKUMAR, J.
AND
SUBRAMONIUM PRASAD, J.
skm
To
1. The Home Secretary,
Government of Tamil Nadu,
Namakkal Kavignar Maaligai,
Fort St. George, Chennai 600 009.
2. The Commissioner of Prohibition and Excise, Chepauk, Chennai 600 005.
3. The Commissioner of Food Safety, Office of the Commissioner of Food Safety, 5th Floor of DMS Office Building, No.259, Anna Salai, DMS Campus, Teynampet, Chennai 600 006.
4. The Managing Director, Tamil Nadu State Marketing Corporation Ltd., CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.
Writ Petition No.29257 of 2017
http://www.judis.nic.in 31.07.2019