Liquor Prohibition: Patna High Court Summons ED's Joint Director For Not Taking Action Against Smugglers
The Patna High Court on Wednesday summoned the Joint Director of the Enforcement Directorate (ED) for not taking action against the smuggling of large quantity liquor in Bihar, despite the prohibition law in the state. A single bench of Justice Sandeep Kumar ordered, "Joint Director of the investigating agency to appear in court on 4th April (Monday)." A single bench of...
The Patna High Court on Wednesday summoned the Joint Director of the Enforcement Directorate (ED) for not taking action against the smuggling of large quantity liquor in Bihar, despite the prohibition law in the state.
A single bench of Justice Sandeep Kumar ordered,
"Joint Director of the investigating agency to appear in court on 4th April (Monday)."
A single bench of Justice Sandeep Kumar was hearing an anticipatory bail plea of one Gangaram. The matter relates to a police case involving recovery of 4,800 litres of IMFL at Badlapur Bagicha, Matihani police station in Begusarai district.
Earlier, the court had directed the ED to register a case against the big liquor syndicate and take action against them, but despite the passage of several months, the ED did not register the case.
The court had said that when there is delay in registering the case despite the direction of the court, then no other case can be inferred.
During the last hearing, the court had expressed displeasure over not taking legal action against the big liquor smuggling syndicate. The court then ordered the syndicate to be apprehended and appropriate action be taken in the matter.
The court had also ordered the ED to file an affidavit.
Along with this, the court had also directed the Income Tax Department to probe into the illegal assets amassed by such smugglers and submit a report before the court.
Before the Court, a detailed reply was filed on behalf of the state government that 21 accused were found to be part of a syndicate of liquor smugglers operating from Punjab and Haryana.
Additional Solicitor General KN Singh, appearing for the Central Government, submitted before that the case has been sent to the ED for registration, but the case could not be registered due to lack of approval.
Taking this seriously, the court has asked the Joint Director of ED to appear before the court and explain the situation. This matter will be heard next on 4th April, 2022.
Advocate Braj Bhushan Poddar appeared for the petitioner. Additional Solicitor General KN Singh appeared on behalf of the Central Government and Advocate Punam Kumari Singh appeared for the ED.
Liquor ban law in Bihar
Recently, the Liquor Prohibition Amendment Bill was passed in the Bihar Legislative Assembly. Liquor ban came into force in Bihar in April 2016.
The biggest change in the prohibition law is that now those caught after drinking alcohol for the first time will not have to go to jail. The Magistrate can release them with a fine failing which. In case of non-payment, there is a provision for imprisonment.
Case Title: Ganga Ram Vs State of Bihar