Patna, Feb 18 The Patna High Court has pulled up the Bihar government over the “failure” of the state machinery in effectively implementing the prohibition law, warning that citizens’ lives were being put at risk.
Justice Purnendu Singh, while hearing a plea for pre-arrest bail by a 19-year-old petitioner, observed that prohibition had led to a parallel economy of illicit liquor and a rise in alcoholism rather than curbing the menace.
“This court finds that the lives of citizens of the state are risked by the failure of the state machinery in effectively carrying out the provision of the Bihar Prohibition and Excise Act, 2016,” the bench said.
The Bihar government in 2016 enforced a complete ban on the manufacture, trade, storage, transportation, sale, and consumption of liquor and intoxicants in the state.
The court noted an “alarming trend” of minors and young adults, including those who have just turned 18 or 19, being used for smuggling illicit liquor. It also observed that consumption of hooch allegedly laced with methyl alcohol and other substances, such as urea, had claimed a large number of lives in the state.
Referring to scientific findings, the bench said even five millilitres of methyl alcohol can cause blindness and more than 10 millilitres can be fatal. It also pointed to severe side effects such as acidosis and kidney failure.
The court granted the petitioner pre-arrest bail, directing that he be released in the event of arrest or surrender within four weeks on furnishing a bail bond of Rs 10,000.
It further directed the Gopalganj district court to verify the petitioner’s criminal antecedents, stating that the relief would automatically lapse if he was found involved in other cases.
The bench also said courts must not “abdicate” their constitutional duty to advise the Chief Secretary to ensure proper rehabilitation of young offenders, particularly those aged between 18 and 35 years.
Meanwhile, Rashtriya Lok Morcha (RLM) MLA Madhav Anand sought a “detailed review” of the prohibition law enacted a decade ago by the then Grand Alliance government led by Chief Minister Nitish Kumar. The state government, however, rejected the demand.
“It is 10 years since the prohibition law was enacted. My suggestion is that the government should make a detailed review of the law,” Anand told reporters outside the Assembly.
Kripa Sahani @ Kripa Kumar Sahani v. State of Bihar, (Patna) : Law Finder Doc Id # 2855252
