It is the poor of the state who bear the brunt of this Act, said Patna High Court.

Patna:

The Patna High Court has lambasted Bihar government officials over the total liquor ban in the state, observing that they love the legislation since it means “big money” for them.

The court also said that the police are working in tandem with liquor smugglers and the poor are bearing the brunt of the law.

The Bihar government enacted a law in April 2016 prohibiting the manufacture, trade, storage, transportation, sale, and consumption of liquor in the state.

However, despite stringent provisions of the Act, transport of liquor and hooch deaths have been reported a number of times since then.

“Not only the police officials, excise officials, but also officers of the State Tax department and the transport department love liquor ban, for them it means big money. The prohibition has, in fact, given rise to unauthorised trade of liquor and other contraband items,” Justice Purnendu Singh said in an order.

“The draconian provisions have become handy for the police, who are in tandem with the smugglers,” the Patna High Court judge said while quashing a demotion order issued against a police inspector on the ground that he was negligent in implementing the prohibition law.

The order came in response to a writ petition filed by Mukesh Kumar Paswan, the station house officer (SHO) at Patna Bypass police station.

Mr Paswan was suspended after excise department officials found foreign-made liquor in his possession during a raid. He was then demoted in 2020 following a general directive issued by the state government.

The court order said, “A few cases are registered against the kingpins or syndicate operators involved in liquor smuggling, compared to the vast number of cases against the poor who consume liquor or fall victim to hooch tragedies. Largely, it is the poor of the state who bear the brunt of this Act”.

Article 47 of the Constitution mandated the duty of the State to raise standards of living and to improve the public health at large and the Bihar Prohibition and Excise Act, 2016, was enacted with this objective, “but for several reasons, it finds itself on the wrong side of the history”, the order said.

The lives of the majority of the poor section of the state who are facing the wrath of the Act are daily wagers who are only earning members of their family, it said.

The Investigating Officer in the case did not offer any documentary evidence to substantiate the allegations made by the prosecution against the accused SHO, the court said adding that the liquor mafia also went scot-free due to want of evidence.

The high court found this form of punishment to be predetermined, reducing the entire departmental proceedings to a formality.

The bench, in its October 29 order, quashed the punishment order and also annulled the entire departmental proceeding initiated against the petitioner.