Introduction:

In the case of Daman Wine Merchant Association v. The State of Gujarat & Ors, the Gujarat High Court addressed a PIL filed by an association of liquor merchants from Daman, seeking intervention to halt Gujarat police’s actions against them under Gujarat’s prohibition laws when liquor sold by them is caught in Gujarat. The court dismissed the petition, emphasizing the lack of legal status of the association and the misconceived nature of the plea.

Arguments:

The Daman Wine Merchant Association sought a blanket ban restraining authorities from taking coercive measures against wine shop owners implicated in cases under Gujarat’s Prohibition Act. The association argued that wine shop owners in Daman were being harassed by Gujarat police despite not conducting business in Gujarat. Counsel for the association highlighted the alleged harassment faced by their clients due to the enforcement of Gujarat’s prohibition laws.

Court’s Judgment:

The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee dismissed the PIL, citing its misconceived nature and the undisclosed legal status of the association. The court questioned why wine shop owners from Daman would be implicated under Gujarat’s prohibition laws. It emphasized the lack of clarity regarding the association’s registration and legal standing. The plea was deemed baseless, and the court declined to intervene in the matter.