Kerala

Kerala’s plea to SC to exclude beer, toddy from liquor category contradicts state policy

Written by : TNM Staff

The Kerala government has filed an application in the Supreme Court seeking clarification in the SC order to remove all liquor outlets that are within 500 metres of state and national highways.

In the petition filed, the state requested the SC to modify its verdict passed on December 15, 2016, and asked that it exempt beer, wine and toddy from the category of liquor, so that shops that sell them can remain at their existing spot.

The Times of India reports that this part of the petition contradicts what was mentioned in Section 3 of the state's Abkari Act that says, “liquor includes spirits of wine, arrack, spirits, wine, toddy, beer and all liquids consisting of or containing alcohol". 

The petition also says the alcohol content in toddy, which was extracted from coconut flowers and palm sap is just 5-10%, and so it cannot be considered as liquor.

The TOI report says that in another case (Komalan vs state of Kerala) in the Supreme court, the state government had said that alcohol content in toddy will not be more than 8.1%. Therefore, the current petition could adversely affect this pending case as the state has given varying numbers.

The state had taken the legal opinion of advocate general C P Sudhakara Prasad before approaching the Supreme Court.

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