Govt. Officials Love Liquor Ban, For Them It Means Big Money; Poor People Facing Wrath Of Bihar Prohibition & Excise Act: Patna HC

The Patna High Court observed that Bihar Prohibition and Excise Act, 2016 has given rise to unauthorized trade of liquor and other contraband items.

A Single-Judge Bench of Justice Purnendu Singh made certain remarks about the on-ground scenario of the prohibition law's implementation.

"The draconian provisions of the Bihar Prohibition and Excise Act, 2016 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 Court said.

The Court observed thus while it quashed orders demoting a Bihar police officer on the allegation of being negligent in implementing the state's prohibition law.

Advocate Anand Kumar Singh appeared for the Petitioner, and Advocate Shailesh Kumar appeared for the State of Bihar.

The Court was hearing a Writ Petition filed by a police officer seeking the quashing of orders passed by the Senior Superintendent of Police demoting him to the post of Sub-Inspector and for a direction to the authorities to restore his seniority to restore him to the post of Inspector.

The question before the Court was whether the Disciplinary Authority could be said to have been influenced by the suspension order passed by the Director General of Police which raised a presumption of guilt even before framing of charges and whether giving post-decisional hearing is violative of principles of natural justice and Article 21 of the Constitution.

While allowing the police officer's petition based on procedural lapses, said, "The Director General of Police with pre-determined mind had observed that strict disciplinary action is required to be taken against the petitioner... which resulted into passing of penalty order against the petitioner by the disciplinary authority who with pre conceived mind took decision to impose penalty in compliance of the letter of the Director General of Police."

Explaining the pitfalls of post-decisional hearing, the Court said it is one is one with close mind and that "the basic prospect of natural justice requires pre-decisional hearing and not post-decisional hearing and the law granting post decisional hearing has been well settled by the Apex Court by holding that if the authorities have taken decision to take action before initiation of departmental proceeding, granting post-decisional hearing will only be held to be an empty formality calling for violation of principle of natural justice."

It was also noted the number of cases registered king pins and syndicate operators is fewer in comparison to the magnitude of the cases registered against economically weak consumers of liquor and who often fall prey to hooch tragedies. The life of majority of the poor section of the State who are facing wrath of the Act are daily wagers who are the only earning member of their family.

Cause Title: Mukesh Kumar Paswan v. State of Bihar [Civil Writ Jurisdiction Case 8071 of 2023]

Appearance:

Petitioner: Advocates Anand Kumar Singh Ranjit Kumar Yadav and Ugresh Kumar

Respondent: Advocate Shailesh Kumar

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