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Judgment
This Court took suo motu cognizance of a letter petition addressed by one Shri Ram Chander, resident of Village and Post Office Kanda, Tehsil
Thunag, District Mandi, wherein it was alleged that there was a liquor vend operating just at a distance of about 80 meters from Government High
School, Kanda.
This Court while issuing notice on 13.11.2017 and calling upon the State to file reply to the letter petition, appointed Ms. Aashna Gupta,
Advocate, as Amicus Curiae to assist the Court.
Taking into consideration the fact that alongwith the letter petition, a communication addressed by Sub-Divisional Officer (Civil), Janjheli,
District Mandi was appended, in which it was mentioned that the liquor vend was operational at a distance of 80 meters from the School, whereas
in the reply so filed by the Superintendent of Police, Mandi, District Mandi, it was mentioned that distance between the main gate of the School
and the wine shop was 135 meters, this Court on 20.12.2017 directed the Secretary, District Legal Services Authority, Mandi to visit the spot and
ascertain factual position. Report of the Secretary, District Legal Services Authority, Mandi and Bilaspur at Mandi stands filed.
We have carefully perused the report so filed by the Secretary, District Legal Services Authority, Mandi and Bilaspur at Mandi and a perusal of
the same demonstrates that there are two roads leading from the main gate of the School up to the liquor vend and the distance of the liquor vend
from the main gate of the School, be it Central Primary School, Kanda or Government High School, Kanda, has been found to be more than 120
meters. Though it stands mentioned that the shortest distance from the gate of Central Primary School, Kanda up to the counter of liquor vend
comes to 99 meters, however, it stands clarified that the said distance is from the gate of Central Primary School to the back side of the building up
to back shutter of the liquor vend. It further stands mentioned in the report that accessibility of the liquor vend is on account of the same being
situated at the entry of the Bazaar itself of Kanda village.
In our considered view, taking into consideration the fact that the liquor vend is situated at the entry of the Bazaar and not at a secluded place, it
itself may act as a deterrent to the students in accessing the said shop. Besides this, as it is evident from the report that the distance from the main
gate of the School to the liquor vend is more than 120 meters and the same is not 80 meters, as has been alleged in the letter petition, we do not
wish to continue with the petition any further and the same is accordingly disposed of.
We place on record our appreciation for the able assistance rendered by Ms. Aashna Gupta, Advocate, learned Amicus Curiae in the
adjudication of the present case.