Court Criticizes State for Failing to Curb Illicit Liquor Trade; Emphasizes Rehabilitation for Young Offenders
In a significant ruling, the Patna High Court has granted pre-arrest bail to Kripa Sahani, a 19-year-old accused of transporting illicit liquor on his motorcycle under the Bihar Prohibition and Excise Act, 2016. The judgment, delivered by Justice Purnendu Singh, highlighted the need for the Bihar government to take more effective measures to combat the thriving illicit liquor trade, which has resulted in a surge of related cases.
The petitioner, Kripa Sahani, was accused of carrying 55.800 litres of illicit liquor on his motorcycle, which was seized by authorities. However, Sahani denied any knowledge or involvement, claiming he was not present at the time of seizure and was unaware that the liquor was being transported on his vehicle.
The court, after hearing arguments from both sides, granted pre-arrest bail to Sahani on the condition of furnishing a bail bond of Rs. 10,000 with two sureties. The bail is subject to verification of Sahani's criminal antecedents, with the court directing that the bail order would be void if Sahani is found involved in other criminal activities.
Justice Singh criticized the state's inability to effectively enforce the Bihar Prohibition and Excise Act, noting that the prohibition has inadvertently fueled a parallel economy of illicit liquor and drug consumption. The court expressed concern over the rising number of young individuals, aged between 18 to 35 years, becoming entangled in such offenses, emphasizing the state's failure in its constitutional duty under Article 47 to combat the menace of illicit liquor.
The court also addressed the broader implications of the prohibition, citing its negative impact on the youth's physical, psychological, and moral well-being, and stressed the importance of rehabilitation for young offenders like Sahani.
Additionally, the court advised the Chief Secretary of Bihar to ensure proper care and rehabilitation for individuals in Sahani's age group involved in similar offenses, underscoring the need for a more humane approach to enforcement that prioritizes rehabilitation over punishment.
This ruling brings to light the ongoing challenges faced by the Bihar government in enforcing the prohibition law, as well as the judiciary's role in advocating for more comprehensive and rehabilitative measures to address the root causes of illicit liquor trade.
Bottom Line:
Bail application for offence under Bihar Prohibition and Excise Act, 2016 - Pre-arrest bail granted to petitioner aged 19 years, accused of carrying illicit liquor on his motorcycle, with conditions and subject to verification of criminal antecedents.
Statutory provision(s): Bihar Prohibition and Excise Act, 2016, Section 30(a), Article 47 of the Constitution of India, Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Kripa Sahani @ Kripa Kumar Sahani v. State of Bihar, (Patna) : Law Finder Doc id # 2855252
