Patna: The Patna High Court, while setting aside and quashing a suspension and demotion order of a Station House Officer (SHO) for being negligent in implementing the total liquor ban in Bihar, said that the prohibition has, in fact, given rise to unauthorized trade of liquor and other contraband items and police official, excise official, tax and transport department officials love liquor ban since it means big money for them.
High Court was hearing a plea by a SHO suspended for being negligent in implementing total liquor ban
Justice Purnendu Singh said this while hearing a plea filed by Mukesh Kumar Paswan, the SHO at Patna Bypass police station, who was suspended and later demoted following a raid by the excise department officials, leading to recovery of illicit foreign-made liquor amounting to Rupees four lakh. It was alleged that his participation in the sale of illicit liquor along with one chaukidaar cannot be denied as the godown, in which raid was conducted, is only 500 meters from the police station.
Draconian provision have become handy for police: HC
“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,” Justice Singh observed.
Prohibition has given rise to unauthorized trade of liquor: HC
“The prohibition has, in fact, given rise to unauthorized 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 High Court added.
Majority of poor section facing wrath of law are daily wagers: HC
The High Court further said that the number of cases registered against the king pin/syndicate operators is few 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 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 life of majority of the poor section of the State who are facing wrath of the Act are daily wagers who are only earning member of their family. The Investigating Officer deliberately does not substantiate the allegations made in the prosecution case by any legal document and such lacunae are left and the same allows the Mafia scot-free in want of evidence by not conducting search, seizure and investigation in accordance with law,” the High Court said.
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