HC questions toddy ban, orders CB-CID probe in Tenkasi shooting

Madurai: Madras high court on Thursday observed that while the state permits the manufacture, distribution and sale of Indian Made Foreign Liquor (IMFL) through a licensing and regulatory framework, it gives rise to a larger policy question as to whether a suitably regulated framework for tapping, production and sale of toddy can be devised in the state.

Justice B Pugalendhi observed that toddy has traditionally been associated with palmyra-based livelihoods and claims are made regarding its nutritional and other beneficial attributes. At the same time, the state seeks to justify the prohibition on the ground that toddy is an intoxicating liquor and that effective prevention of adulteration and monitoring of its production pose considerable administrative challenges.

In fact, it is claimed that freshly tapped toddy ordinarily contains a lower concentration of alcohol than several varieties of IMFL and retains certain naturally occurring minerals and fermentation derived constituents originating from palm sap, the judge observed.

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The judge observed that the court cannot overlook the fact that the authorities have been quite successful in detecting prohibition offences, recovering illicit liquor and seizing the vehicles involved in such activities. If such extensive monitoring is possible in the case of prohibition offences, a similar mechanism to regulate toddy can be explored. Such an exercise may not only address concerns of public health and safety but also advance the interests of farmers, palm climbers and others dependent upon palmyra based occupations.

“Having said so, the court is conscious that the question whether toddy should continue to remain prohibited or be permitted under a regulated licensing framework is ultimately a matter of policy falling within the domain of the state government,” observed Justice Pugalendhi.

The court made the observations while disposing of a petition filed by Perumal Sait seeking CBI probe into the incident where his son Manikandan was shot in his legs at close range by a police sub inspector Esakkiraja during an altercation between the duo in connection with toddy tapping in Tenkasi district.

The judge observed that the court is unable to understand the manner in which the police has handled the issue and is of the opinion that there were police excesses in the present case. Hence, the judge transferred the investigation in the case registered against SI Esakkiraja and the counter case registered against Manikandan to the CB-CID. The judge directed the ADGP, CB-CID to constitute a special team consisting of officers from the northern districts and conduct an unbiased investigation into the above incident.

Considering the fact that the petitioner’s son has suffered grievous injuries in both his legs caused due to gun-shot wounds and was hospitalised for the same, the judge directed the state to pay an interim compensation of Rs2 lakh in order to meet the medical expenses.