26/02/2017
I faintly consider that I belong to the class of ‘’complete Goemkars” - ones who compellingly relish a couple of pegs with friends on occasions – planned or unplanned. Hence, the news of the Supreme Court order prohibiting sale of liquor on highways came as a shocker. At first blush, it meant the most unanticipated and unceremonious end to my jaunts at some of Goa’s finest restaurants. However, a deeper analysis revealed a silver lining to the dark cloud.
Now what has the Supreme Court prohibited? It has prohibited only ‘sale’ of alcohol in liquor vends on highways. I repeat - ONLY SALE’. Recently, the Excise Department has clarified that liquor vends also include bars and restaurants. Therefore from 1st April, which rather amusingly, coincides with All Fools’ Day, sale of alcohol will be prohibited in all bars and restaurants situated on highways.
But any fool will vouch for the fact that an act of ‘sale of alcohol’ differs from an ‘act of consumption’ of alcohol. There is no law in Goa prohibiting consumption of alcohol at any place – private or public – unlike the Goa Prohibition of Smoking and Spitting Act, which bans smoking in public places. Therefore as long as it is socially acceptable, meaning one is not a nuisance, there is no legal proscription for its consumption at any place. It is interesting to note that the Supreme Court Order has not prohibited ‘consumption’ of alcohol in bars and restaurants on highways. I reiterate at cost of repetition – it only banned sale.
I was lucky to lay my hands on a Notification of the Government of Goa dated 26th August, 2014, which entitles any person to possess at a time for his personal consumption 12 quart bottles of IMFL (hard liquor), 24 bottles of beer and 18 quart bottles of country liquor, without a permit. It is still in force !!
Therefore, though restaurants on highways may be restricted from selling alcohol, there is absolutely no legal restraint on a person carrying his personal liquor quota to a restaurant and consuming it there. Similarly, if a friend or stranger walking into a restaurant with his quota is generous to share, it will be well within the law. The restaurateur is not legally duty bound to ensure that no liquor is consumed in his restaurant and consequently not legally expected to stop anyone from consuming liquor in his restaurant. Interestingly, as per the Goa Excise Act, ‘gift’ of alcohol is not tantamount to sale, and therefore if a friendly restaurateur wishes to gift me a bottle from his personal collection, he will be well within the law.
Thus amazingly, if it is my personal quota I am drinking, no excise or police officer can restrain me from drinking it in any highway restaurant. In fact, zealous excise and police officers could well be advised to frisk guests for bottles whilst entering, then to infract privacy and turn spoil sports.
I reckon with all this said, an Order of total prohibition of alcohol consumption in India may come sooner than expected.
Till then my dear “complete Goemkars’’ - let’s not despair !!! As long as our restaurateurs allow us to drink in their restaurants – let’s say Cheers !!!!!!
No matter what. Men will be men !!!!
With love, Adv. Rajeev Gomes. Margao.
