Bevco ad does not violate Kerala Abkari Act, HC told

A week after the Kerala High Court ordered an interim stay on a contest announced by Kerala State Beverages Corporation (Bevco), Excise Commissioner M.R. Ajithkumar has submitted a counter affidavit before the court, stating that the contest is not against the provisions of the Kerala Abkari Act.

Bevco had invited people to suggest a name and a logo for a new brand of brandy that was proposed to be manufactured at a distillery in Palakkad. In the counter affidavit, he says that licence is yet to be issued to the manufacturing firm. Moreover, Kerala Abkari Act specifies penalty for unlawful advertisement, only if any advertisement solicited the use of any liquor or intoxicating drug. Criminal liability arises only when any act fell within the ingredients defined in the statute.

The allegation that it is surrogate advertisement, or indirect promotion of liquor brand, too has no legal basis, since the brand does not exist now. The Act does not prohibit preparatory acts relating to a future product. The plea must be dismissed since it is devoid of merit, Mr. Ajithkumar said in his affidavit.