Bihar Cabinet approves liquor prohibition law, first-time offenders to be let off with fine
As per the proposed amendments, moveable and immoveable assets of arrested liquor traders would be confiscated while frequent drinkers would be fined as well as imprisoned.
FollowThe Bihar Cabinet approved the proposed amendments to the Bihar Prohibition and Excise Act, 2016, to make it less stringent for the first-time offenders and those caught carrying liquor in lesser quantities in smaller non-commercial vehicles, officials aware of the matter said.
The modified sections will come into force after the state assembly approves them.
As per the proposed amendments, moveable and immoveable assets of arrested liquor traders would be confiscated while frequent drinkers would be fined as well as imprisoned.
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While the government has not yet divulged the amount of fine to be imposed on first-time “drinkers”, sources said that it would be “reasonable” as the basic idea behind the relaxation is to avoid jails getting clogged. If the first-time offenders fail to pay the fine, as per the amendments, they will face simple imprisonment for one year.
The liquor prohibition law was enforced in April 2016, banning the manufacturing, sale, and consumption of liquor. It provides for up to life imprisonment for serious offences and confiscation of houses, vehicles, and other properties from where liquor is seized.
The proposed amendment also provides for the police and excise department to consider relaxation (including the waiver of fine) if drinkers successfully identify the source of liquor purchase.
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The proposed amendments focus more on liquor traders and smugglers, whose property can be confiscated during trial stages. Vehicles used for liquor trade would be confiscated and could be later auctioned, as per the proposed changes. Smaller vehicles, however, would not be confiscated.
The Bihar government has drawn flak over the poor implementation of the prohibition law, which has been blamed for hooch tragedies that have claimed dozens of lives.
Chief minister Nitish Kumar has faced criticism even from his alliance partner Bharatiya Janata Party (BJP) over the hooch tragedies. Former chief minister Jitan Ram Manjhi’s party, which is a part of the government, has demanded a repeal of the law.
Supreme Court Chief Justice NV Ramana last month flagged it as an example of “lack of foresight.” He said it had resulted in the high court “being clogged with bail applications…a simple bail application takes one year to be disposed”. On Tuesday, the state government told the Supreme Court the law would be modified. The court said the Bihar government brought the law without any legislative impact study. It said almost every bench in the Supreme Court is dealing with petitions arising out of the prohibition law.
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