Bihar prohibition poor, illicit trade on rise: Patna HC
PATNA, Feb. 19 -- The Patna high court has expressed concern over increasing illicit trade of liquor leading to increase in number of cases in the lower court and the Patna high court and failure of the State machinery to effectively implement the provision of the Bihar Prohibition and Excise Act, 2016.
The observation came from the bench of Justice Purnendu Singh on Tuesday while hearing a petition of a 19-year-old boy seeking pre-arrest bail in connection with alleged recovery of 55 litres of liquor from his motorcycle, which was being used by another person, under Section 30(a) of the Bihar Prohibition and Excise Act.
The order was uploaded on Wednesday.
"I find it necessary to record that today altogether 53 cases are listed before me, seeking pre-arrest bail for the alleged commission of the offence under Bihar Prohibition and Excise Act, 2016, which draws attention of this Court to the fact that the State government has not been able to deal with the increasing illicit trade of liquor leading to increase in number of cases in the lower court and HC," the bench observed.
He quoted the observation of the Apex Court in a 2022 case, in which concern was expressed over number of cases/bail application arising out of Excise Act, 2016.
"We find a number of cases coming to the SC arising from proceedings initiated under the Bihar Prohibition and Excise Amendment Act, 2018. The trial court and the HC are both being crowded by bail applications to an extent that at some stage 16 judges are listening to bail matters and prosecutions under the Act concerned forms a large part of it. Denial of bail would also result in crowding of the prisons," he quoted the SC observation in the order.
The SC had further observed: "We would like to inquire as to what steps the State of Bihar is taking, having brought the law into force and what analysis took place before the law was brought into force in terms of the Court infrastructure required and the manpower required to deal with the litigation which would arise from such a statute. We would also like to know whether the plea bargaining provisions can be taken recourse to deal with the scenario as it is emerging."
The HC bench said that prohibition has pushed the consumption of hooch and drugs to develop a thriving parallel economy, and added to the problem related alcoholism.
"It is recorded that majority of the citizens between the age group of 18 to 35 years are addicted to liquor. This age group is the most productive age group and it has led to huge human potential loss due to ill effect of liquor on their physical, psychological, moral and intellectual growth. Perhaps, the State has not taken any preventive measures to combat menace of such abuse," the bench observed.
The judge pointed to the recent trend of smuggling illicit liquor through minors or those like the petitioner, who has just stepped into adulthood.
"The consumers of illicit liquor laced with methyl alcohol and Urea (fertiliser) or dangerous drugs have lost their life in lakhs in the State. Scientifically, even 5 mililitres of Methyl alcohol is enough to make one blind and more than 10 mililitres is often fatal, while the other side effects manifest in the form of kidney failure," he added.
Directing the release of petitioner on pre-arrest bail, the court also had an advice for the Chief Secretary. "The Court must not abdicate from its constitutional duty to advise the Chief Secretary to take proper care of the petitioner and his rehabilitation, having failed to carry the mandate of Article 47 of the Constitution of India in its true spirit, particularly in those case where juvenile or those who are aged between 18 to 35 years and indulged in offences relating to Excise Act, 2016....
To read the full article or to get the complete feed from this publication, please
Contact Us.