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Synopsis

Terming the Bihar's liquor ban law as a draconian provision, the Patna High Court recently observed the said law has become handy for the police, who are in tandem with the smugglers. The prohibition has, in fact, given rise to unauthorized trade of liquor and other contraband items, court has further observed.

"Innovative ideas to hoodwink law enforcing agency have evolved to carry and deliver the contraband. Not only the police official, excise official, but also officers of the State Tax department and the transport department love liquor ban, for them it means big money...", Justice Purnendu Singh has said.

High Court has further noted the number of cases registered against the king pin / syndicate operators are few in comparison to the magnitude of the cases registered against the poor who consume liquor and those poor people are prey of hooch tragedy.

Observing that State Government's enactment, Bihar Prohibition and Excise Act, 2016 has found itself on the wrong side of the history, the judge has said, "The life of majority of the poor section of the State who are facing wrath of the Act are daily wagers who are only earning member of their family. The Investigating Officer deliberately does not substantiate the allegations made in the prosecution case by any legal document and such lacunae are left and the same allows the Mafia scot free in want of evidence by not conducting search, seizure and investigation in accordance with law...".

These observations came to be made by the High Court while dealing with a petition filed by an Inspector, who allegedly participated in the sale of illicit liquor along with one chaukidaar.

High Court has said if the Disciplinary Authority finds that the petitioner Inspector should be subjected to disciplinary action, in that circumstance, petitioner is required to be put under suspension first so as to proceed afresh against him.

Case Title: Mukesh Kumar Paswan vs. The State of Bihar