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Cops, excise officials love liquor ban, means big money: Patna high court

Nov 15, 2024 06:40 PM IST

Justice Purnendu Singh also underlined how only a few cases were registered against the liquor kingpin and enforcement action was mostly aimed at the poor

PATNA: Bihar’s prohibition law which was enacted to improve public health finds itself on the wrong side of history, a bench of the Patna high court said in a recent verdict, observing that the law led to a rise in unauthorised trade in liquor and that the police and excise officials loved it because it meant “big money” for them.

The Patna high court said innovative ideas to hoodwink law enforcing agency have evolved to carry and deliver the contraband.
The Patna high court said innovative ideas to hoodwink law enforcing agency have evolved to carry and deliver the contraband.

Justice Purnendu Singh also underlined how enforcement action relating to the liquor ban was mostly taken against the poor who illegally consume liquor but only a few cases were registered against the kingpin and syndicate operators.

The verdict dated October 29 was uploaded to the high court’s website on Wednesday.

The court made the observations in a judgment setting the state police order demoting an inspector-rank police officer after a liquor godown was discovered 500 metres from his police station, holding that his superiors decided to impose the penalty before the proceedings began. Paswan, who was suspended by the director general of police (DGP) on February 1, 2021, also reasoned that he was part of the team that raided the godown where liquor worth 4 lakh was found and filed the FIR against the accused

While scrapping the disciplinary action against him, justice Singh said, “I find it proper to record here that the Article 47 of the Constitution of India while mandating the duty of the State to raise standards of living and to improve the public health at large and as such State Government enacted Bihar Prohibition and Excise Act, 2016 with the said objective, but for several reasons, it finds itself on the wrong side of the history. The prohibition has, in fact, given rise to unauthorised trade of liquor and other contraband items.

“The draconian provision have become handy for the police, who are in tandem with the smugglers. Innovative ideas to hoodwink law enforcing agency have evolved to carry and deliver the contraband. Not only the police official, excise official, but also officers of the State Tax department and the transport department love liquor ban, for them it means big money. The number of cases registered is few against the king pin / syndicate operators in comparison to the magnitude of the cases registered against the poor who consume liquor and those poor people and are prey of hooch tragedy,” the court said.

On the police order to demote Inspector Paswan to a sub-inspector’s post, the high court noted that the police had not produced any specific evidence to indicate that Paswan was negligent in his duties. It also noted that the DGP had issued instructions in 2020 requiring disciplinary action to be taken against police station chiefs for failing to stop liquor sale in their jurisdiction. Also, it noted that Paswan was suspended on orders of the DGP who concluded that he had failed to discharge his duties because a liquor godown was found 500 metres from the police station.

“The authority who embarks upon a post decisional hearing will naturally proceed with a closed mind and there is hardly any chance of getting a proper consideration of the representation at such a post-decisional opportunity,” the high court said.

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