Patna High Court Criticizes Bihar Liquor Ban Enforcement, Calls It a “Money-Making” Opportunity for Officials

Keywords: Bihar liquor ban, Patna High Court, corruption, police collusion, prohibition law, excise officials, liquor smuggling.

Patna HC Slams Bihar Officials Over Liquor Ban, Highlights Collusion with Smugglers

The Patna High Court has strongly criticized Bihar government officials for exploiting the state’s total liquor prohibition, calling it a “money-making” mechanism for authorities. Justice Purnendu Singh remarked that the prohibition law has inadvertently facilitated corruption and unauthorized liquor trade, with the poor suffering the most under its stringent provisions.

Background on Bihar’s Liquor Ban

In April 2016, the Bihar government introduced a comprehensive liquor ban, prohibiting the manufacture, trade, storage, transportation, sale, and consumption of alcohol. However, despite its stringent provisions, reports of liquor smuggling and deaths from illicit hooch have persisted.

Court’s Observations

Justice Purnendu Singh, while quashing a demotion order against Mukesh Kumar Paswan, a Station House Officer (SHO) accused of negligence in enforcing the ban, made sharp observations:

• Corruption Nexus: Officials in the police, excise, state tax, and transport departments benefit financially from the prohibition law.
• Collusion Allegations: The Court noted that the police are often in collusion with liquor smugglers, undermining the law’s intent.
• Impact on the Poor: Justice Singh emphasized that the draconian provisions disproportionately affect marginalized communities, leaving them to bear the brunt of enforcement.

“The prohibition has, in fact, given rise to unauthorized trade of liquor and other contraband items,” the judge stated, pointing out the unintended consequences of the law.

Case Details

The case involved Mukesh Kumar Paswan, SHO at the Patna Bypass police station, who was demoted in 2020 following a government directive after foreign liquor was found in his possession during a raid by excise officials. Paswan challenged the demotion, arguing procedural unfairness.

The High Court overturned the demotion order, citing lack of evidence of Paswan’s involvement in smuggling and pointing to procedural lapses in the action against him.

Wider Implications

This order highlights ongoing challenges in enforcing Bihar’s total prohibition law, including:

1. Rise in Illegal Trade: The law has inadvertently fueled the black market for alcohol.
2. Administrative Corruption: The alleged collusion between officials and smugglers undermines public trust.
3. Burden on Vulnerable Populations: The strict enforcement disproportionately penalizes the poor.

Conclusion

The High Court’s observations reflect growing concerns about the practical implementation of Bihar’s liquor prohibition. While aimed at improving public health and social outcomes, the law’s enforcement has raised serious questions about governance and corruption. This case underscores the urgent need for systemic reforms to address loopholes and ensure fair implementation.

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