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State Government Prima Facie Liable To Pay Compensation To Kin Of Persons Who Die Due To Poisonous Liquor Consumption: Allahabad High Court

Allahabad High court said that Prima Facie state govt is liable to pay compensation to kin of persons who die due to poisonous liquor consumption if Government, having complete control and regulation to manufacture and sale of liquor, this was seen in the case of Rani Sonkar And 10 Others v. State Of U.P. And 3 Others [WRIT – C No. – 24481 of 2022] and the Judgement was presided over by the division bench of Hon’ble Surya Prakash Kesarwani,J. and Hon’ble Saurabh Srivastava,J.

Facts of the case-                              

The court was hearing pleas where petitioner (1 to 4) and (6 to 10) were 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. Petitioner no.5 was the son of one Rikhraj Nishad who died due to consumption of poisonous liquor purchased by him from licensed Retail Vend Country Liquor Shop. Petitioner no.11 was the person who also purchased liquor from Licensed Retail Vend Country Liquor Shop and on consumption lost his eye’s vision. It was 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.

A charge sheet was 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.

Judgement-

The court observed that Prima Facie state govt is liable to pay compensation to kin of persons who die due to poisonous liquor consumption if Government, having complete control and regulation to manufacture and sale of liquor. For the same court took the view with respect to the “Mukhya Mantri Kisan Evam Sarvhit Bima Yojna”.which provides for compensation on account of death or permanent disability due to poison etc.

The court thus ordered- “Thus primafacie, 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 deceaseds 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.”

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Judgement reviewed by Utkarsh Sahu

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