The Supreme Court of India on Wednesday sought responses from the Central Government and other key stakeholders on a petition seeking an immediate nationwide ban on the sale of alcohol packaged in tetra packs and sachets.
A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi agreed to examine the public interest petition filed by the non-governmental organization ‘Community Against Drunken Driving’ (CADD). The plea highlights public health concerns and targets the lack of standardisation in the excise rules governing the packaging of alcoholic beverages.
Background of the Case
The petition filed by ‘Community Against Drunken Driving’ challenges the growing trend of selling alcoholic spirits in non-traditional, flexible packaging like tetra packs and sachets. The petitioner argues that such alternative packaging methods bypass safety perceptions, pose severe public health risks, and mislead consumers—especially minors—by closely mimicking everyday non-alcoholic beverages.
To address this, the plea seeks a directive from the apex court ordering the Centre to formulate a uniform national policy that immediately prohibits the sale of alcohol in these formats across all States and Union Territories.
Arguments Presented by the Petitioner
Advocate Vipin Nair, appearing on behalf of the petitioner organization, argued that the current excise regimes lack clear regulatory standards regarding what constitutes acceptable packaging for alcoholic drinks. He contended that the legal definition of a “bottle” under existing state excise frameworks remains highly “vague” and requires urgent, uniform standardisation.
Emphasizing the immediate danger of misleading packaging, Nair submitted:
“They are confusing fruit juice with liquor. They use photo of apple and the pack contains Vodka.”
The petitioner asserted that allowing commercial entities to package hard liquor in a manner indistinguishable from children’s fruit juices or soft drinks directly compromises public welfare. Underlining the constitutional obligations of the government, Nair argued that the State has a fundamental duty to protect and preserve the health of its citizens.
Reliefs Sought in the Plea
The petitioner has approached the apex court seeking two primary directives:
- Nationwide Policy for Immediate Ban: A direction to the Central Government to frame and implement a comprehensive policy applicable to all states and Union Territories to forthwith ban the sale of alcohol in packaging such as tetra packs and sachets.
- Standardisation of ‘Bottling’ Definitions: A direction to the Centre to frame a policy directing the states to amend their respective excise Acts, rules, and policies immediately. This amendment would adopt a uniform definition of “bottling” that strictly limits the practice to glass containers or other visibly distinct receptacles.
Court’s Order
After hearing the preliminary submissions made by the petitioner’s counsel, the bench led by Chief Justice Surya Kant expressed its willingness to hear the matter and formally issued notices seeking responses from the Centre and other respondents.
