Bootlegging Poses a Grave Threat to Society and Must be Curbed: Delhi High Court

On October 3, 2024, the Delhi High Court upheld an externment order against Monika, a habitual offender under the Delhi Excise Act, confirming her removal from the National Capital Territory (NCT) for one year. The court ruled that Monika's repeated involvement in bootlegging posed a serious danger to society, and her continued presence in Delhi was deemed hazardous.

Monika had been involved in six FIRs under the Delhi Excise Act between 2018 and 2023 for bootlegging activities. She was classified as a Bad Character (Bundle-A) at the Sagarpur Police Station. Initially, an externment order was issued against her for two years by the Additional Deputy Commissioner of Police, South West District, which was later reduced to one year by the Lieutenant Governor of Delhi.

Monika challenged the externment order, arguing that it violated the principles of natural justice and that the FIRs did not meet the conditions for invoking Section 47 of the Delhi Police Act. Her counsel contended that her involvement in one FIR per year did not qualify her as a habitual offender.

However, the court rejected these arguments, noting that Monika's repeated involvement in bootlegging, as evidenced by the six FIRs, demonstrated a persistent pattern of criminal activity. The court cited previous rulings, including Prem Chand v. Union of India (1981), to support the view that externment is a preventive measure against habitual offenders.

"Bootlegging and the illegal sale of liquor are grave menaces to society and must be dealt with stringently," the court observed, dismissing Monika’s plea.

The Delhi High Court dismissed Monika's writ petition, upholding her one-year externment as a necessary step to safeguard public order. The court found no merit in her claims of procedural violations, emphasizing that her repeated offenses warranted the stringent action taken against her.

Date of Decision: October 3, 2024

Monika vs. State NCT of Delhi and Ors