The Patna High Court criticised Bihar government officials over the total liquor ban in the state, pointing that they love the legislation since it fetches "big money" for them.
The court further claimed that the police is working hand in glove with the liquor smugglers and it is the poor who have borne the impact of the law.
The Bihar government had enacted a law in April 2016 banning the manufacture, trade, storage, transportation, sale, and consumption of liquor in the state.
However, ever since, it could be witnessed that despite the stringent provisions of the Act, transport of liquor and hooch deaths have been reported a number of times.
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, 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 as a response to a writ petition filed by Mukesh Kumar Paswan, the station house officer at Patna Bypass police station.
Suspended after excise department officials found him in possession of foreign-made liquor during a raid, he was then demoted in 2020 following a general directive issued by the state government.
The court order further adds, "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.
These include the majority of the poor section of the state who, it said, are daily wagers and the sole earning members of their family-the lives of whom are already marred by the massive wrath of the Act.
The Investigating Officer in the case had not provided any documentary evidence to support the allegations leveled by the prosecution against the accused SHO, the court said adding that the liquor mafia also go scot-free due to want of evidence.
This form of punishment was found predetermined by the high court, thereby reducing the entire departmental proceedings to a formality.
The bench in its order of October 29 not only quashed the punishment order but also annulled the entire departmental proceeding initiated against the petitioner.
Read also| UP Deputy CM Visits Jhansi Hospital Fire Site; 10 Dead, 16 Newborns Critical
