The Supreme Court has declined to directly examine a plea raising concerns over the sale of liquor in tetra pack packaging in Uttar Pradesh, instead permitting the petitioner to approach the relevant state authority for redress.
A bench led by Chief Justice of India Justice Surya Kant, along with Justice Joymalya Bagchi and Justice Vipul M. Pancholi, observed that it would not be appropriate to adjudicate the issue without a complete understanding of the applicable excise policy. The Court noted that the petitioner had not placed the full policy document on record, making it difficult to assess whether such packaging was officially permitted.
During the hearing, the petitioner expressed concern that selling liquor in tetra packs could have wider social implications, particularly due to its resemblance to common beverage packaging. It was argued that such formats might increase the risk of exposure among children and make alcohol more easily accessible.
The bench, however, appeared unconvinced by these apprehensions in the absence of supporting data. It pointed out that the form in which a product is sold does not automatically determine patterns of consumption. The Court also questioned whether there was any concrete evidence to show that such packaging had led to adverse effects, especially among minors.
Given the lack of sufficient material and clarity on the policy framework, the Court chose not to enter into the merits of the case. Instead, it granted liberty to the petitioner to submit a representation before the competent authority in Uttar Pradesh, which can consider the concerns and take a decision in accordance with law.
The plea was accordingly disposed of, with the Court leaving the matter open for administrative review rather than judicial intervention at this stage.
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