State officials love liquor ban, for them it means big money: Patna High Court laments failure to implement prohibition

The Patna High Court recently made strong observations against the Bihar government for failing to implement the Bihar Prohibition and Excise Act, resulting in risking the lives of citizens [Niraj Singh v State of Bihar]..Justice Purnendu Singh, while hearing a bail plea filed under the prohibition law, noted that one of the reasons for the failure of the Act’s implementation was the lacunae left by investigating officers in conducting search, seizure and investigation.“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,” the order read..It was further stated that investigating agencies deliberately refrain from submitting charge sheets against smugglers or gang operators, rather they act against poor drivers, cleaners, labourers who were engaged in loading and unloading of liquor.“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.”.Additionally, it was recorded in the order that the police and other State officials intentionally did not provide evidence with regard to various smugglers and syndicate operators. Justice Singh opined that a draconian provision under the Act had come in handy for the police, who were in tandem with smugglers..The Court also said that it had witnessed a rising trend of manufacturing and smuggling of liquor due to the deliberate inaction of State officials.“The State authorities have failed to implement complete prohibition in the State of Bihar to safeguard the health, life and liberty of the people at large and their confidence.".Reference was made to a Supreme Court order, by which a Bench of Justices Sanjay Kishan Kaul and MM Sundresh directed the State government to collect the number of prosecutions under the Act and cases pending in different courts under the Excise Act. The apex court had noted in that order,"The Bench also asked the State to focus more on preventive steps to stop sale and consumption of liquor in the State. It said that in most of the cases it is the State officers who facilitate the illegal activities which happen under their nose but is the poor people who are caught and put behind bars..."One of the reports submitted by the State revealed that 3,48,170 cases were lodged and 4,01,855 arrests were made under the Bihar Prohibition and Excise Act until October last year, with officials admitting that jails were overcrowded on account of people arrested under the Act..Justice Singh went on to point out how the prohibition was being circumvented in the State, and the fallout of the same. He said that liquor was being from neighbouring states and from Nepal, minors were being engaged to transport liquor, and highlighted lacunae in the investigation of such cases.As a result of the government's failure, the Court said that there was a loss of human potential, a sharp rise in consumption of drugs since prohibition and a rise in hooch tragedies.“The life of the people has been put at great risk not only by spurious liquor but also by the rampant use of illicit drugs.”.With these observations, the single-judge referred the matter to the Chief Justice of the High Court to take cognizance of the issue.While bail in the case at hand was granted to the petitioner, the case was kept open for the purpose of larger public interest..Advocate Upendra Kumar Chaubey appeared for the petitioner, while the State was represented by Standing Counsel Vikash Kumar and Additional Public Prosecutor Ajit Kumar..[Read order]