BENGALURU: The Karnataka High Court has said that there is no possibility of online ordering and delivery of liquor in Karnataka in the absence of such a provision to enable it in the Karnataka Excise Act.
Justice S Sujatha passed an order to that effect while dismissing a petition filed by Chennai-based Hip Bar Private Limited, a company that has a branch in the city. It sought directions from the Excise Department to allow online liquour orders in the city.
“The petitioner is not entitled to carry out business of online order processing and delivery of liquor to consumers in Karnataka in the absence of enabling provisions available under the Karnataka Excise Act, 1965, to grant such licences or permissions,” the court noted. The company, represented by its director Prasanna Natarajan, prayed the court to declare that it does not require any license or permission to conduct the business of online order processing and delivery of Indian and foreign liquor including beer, wine and low alcoholic beverages.
The petitioner contended that a letter of authority, dated August 1, 2017, was issued by the Excise Department for online order processing and delivery of Indian and foreign liquor, with certain conditions. However, the LoA was withdrawn abruptly, sans providing an opportunity to show cause.
The petitioner was compelled to give an affidavit dated November 15, 2018, stating that it has disabled online delivery of liquor, without prejudice to its rights. Therefore, the petitioner moved the court. “The Act does not permit home delivery of alcohol either for oneself or as an agent of another within Karnataka,” the court said.