Bihar Citizens' Lives At Risk Due To Govt's Failure To Implement Liquor Ban: Patna HC Requests CJ To Take Cognizance Of Issue

In a strongly worded order, the Patna High Court has recently observed that the Bihar State Authorities have failed to implement a complete liquor prohibition in the State and the lives of Bihar citizens have been risked due to the state's failure to effectively implement the ban.

With this, the bench of Justice Purnendu Singh directed the HC Registry that its order and the observations therein be placed before the Chief Justice so that he could take cognizance of the issue on its judicial side for instituting public interest litigation for the cause of larger public interest.

The bench was essentially dealing with the bail petition of one Niraj Singh (who has been in jail in a prohibition-related case since November last year and now his bail plea has been allowed) when the Court noted that it is conscious of the rising trend of manufacturing and smuggling of liquor due to the deliberate inaction of the State officials. 

The Court also took into account the police records filed before the Court stating that 3,48,170 cases were lodged and 4,01,855 arrests were made under the Bihar Prohibition and Excise Act until October last year. The Court also remarked that even the Officers of the Bihar Government admit that due to the arrest of liquor drinkers in large numbers, the jails of the State are becoming overcrowded.

"The prohibition has pushed the consumption of cheaper hooch and drugs not only leading to thriving of parallel economy of illicit liquor, but also the problem relating to alcoholism. It has been found that the laborers earning paltry daily wages were slapped with large fine they could not afford and had to take loans that push them further into the death. It is recorded that majority of the citizens between the age group of 18 to 35 years are addicted to liquor. This age group is the most productive age group and it has led in terms of human potential loss due to ill effect of liquor on their physical, psychological, moral and their intellectual growth. Perhaps, the State has not taken any preventive measures to combat menace of such abuse," the Court further remarked.

The Court also observed that post-liquor ban, many started looking for substitutes and therefore, Drugs being on the supply route made an easy entry into the State amid the lack of vigilance.

"The data shows that before 2015, there was hardly any case related to drugs, but post-2015, the same has alarmingly surged. What is more worrying trend is that most addicts are as young as 10 years and below 25 years of age. The statistics show that the addiction to ganja charas/bhang has shot up post-prohibition. The state has failed to stop the trafficking of drugs throughout Bihar."

The Court also said that post liquor ban, the State has witnessed a large number of hooch tragedies occurring every day. "The life of the people has been put at great risk not only by spurious liquor but also by the rampant use of illicit drugs," the Court said.

Case title - Niraj Singh v. The State of Bihar

Case Citation: 2022 LiveLaw (Pat) 36

Click Here To Read/Download Order