Hold frequent inspection to weed out illegal bars, Govt told

The court also gave a slew of suggestions to the Tamil Nadu government with a view to curbing such bars including prescribing of an authority to seal such establishments.

A division bench comprising justices S Manikumar and Subramonium Prasad gave the directive following a petition filed by D Prabakaran.

The petition sought a court direction to Home and Prohibition Excise department for prevention and detection of fraud in TASMAC in issuing and collection of licence fee from bars.

To this, the bench, which had earlier directed the authorities to shut down over 3,000 illegal bars, said the courts generally do not issue direction to the government to legislate.

The bench said the magisterial courts are empowered to impose a fine amount up tor impose sentences according to the Tamil Nadu Home, Prohibition and Excise Act 1937.

But, it said, the government has to consider whether the punishment prescribed under the Act for running an illegal bar is sufficient to act as a deterrent, especially in case of repeated violators.

The repeated violators cannot be treated in the same category as first-time offenders, the bench said, adding the government should consider whether repeated violators can be awarded with more stringent punishment than what is provided under the Act.

The bench suggested that the government can also prescribe an authority such as officials of the prohibition and enforcement department, TASMAC, police and others to seal the illegal bars.

 Also, it said, the government can also consider making provisions for those affected by sealing to file statutory appeals before the authority prescribed by the government within a time-limit.

 The bench said the government may consider confiscating of push-carts, vessels and such other movables used for running illegal bars under the provisions of Essential Commodities Act and other similar enactments where confiscation is prescribed.

 The bench later posted the matter to March 28 for further hearing.