Patna High Court: The Patna High Court in its judgment, setting aside a demotion order issued against a police inspector, observed that state’s prohibition law has given rise to new crime of smuggling liquor and other contraband items in Bihar.
The court stated that the Bihar government had enacted Bihar Prohibition and Excise Act, 2016, with noble objective of improving the living standard and public health. However, the law has ‘ended up on the wrong side history’ for several reasons’.
What Did The Court Say?
Justice Singh said that officials of police, excise, state commercial tax and transport departments welcome the liquor ban as it translates to major financial gain. He observed “Few cases are registered against the kingpins or syndicate operators involved in liquor smuggling, compared to vast number of cases against the poor who consume liquor or fall victim to hooch tragedies.”
He said that the poor of the state bear the brunt of this act largely.
What Was The Matter?
The ruling passed on October 29 has been published on high court’s website on November 13. Justice Purnendu Singh had issued the ruling. It came in response to writ petition filed by suspended police officer Mukesh Kumar Paswan.
Station House Officer at Patna Bypass police station, Mukesh Kumar Paswan had been suspended after foreign-made liquor was found by the excise officers of the state during a raid, about 500 metres from his station.
He was demoted in compliance with a general directive issued by the Bihar government on November 24, 2020. This order came despite presenting a credible Defense by Mukesh and asserting his innocence during the departmental inquiry.
Notably, penal action is mandated by this directive against any police officer in whole jurisdiction liquor is recovered.
His 24-page judgment stated, “The severe provisions of the prohibition law have become convenient tools for the police, who often act in collusion with smugglers. It further said that new tactics to evade law enforcement have developed, which has facilitated the transportation and distribution of contraband items in Bihar.
Additionally, the high court found the form of punishment to be predetermined, reducing the entire proceeding of department to a formality. The court quashed the punishment order and annulled the departmental initiated against the petitioner.
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