The Bihar Prohibition and Excise (Amendment) Bill, 2022, which aims to shift the focus from liquor consumers to illegal suppliers and traders, is set for consideration and passage in the state assembly today. The proposal to amend the Bihar Prohibition and Excise Act, 2016 has been proposed in the light of earlier observations made by the Supreme Court that the law was enacted without considering its practical implications on the courts in Bihar, which deal with cases of liquor law. is filled.
Indian Express Reports that one of the proposals in the amendment bill pertains to “drinkers” for the first time, or those who have been found to be intoxicated at home or outside for the first time. As per the proposed provisions, these first-time offenders will be released from arrest rather than with a simple fine. If the offender fails to pay the fine, he shall undergo simple imprisonment for one month. However, this will not apply to repeat offenders, who may face additional fine or imprisonment, or both.
Although the details of the fine amount are yet to be given, it would be “appropriate” as the basic idea behind the idea is to reduce the number of alcohol law cases and jailed jails, the sources cited. Indian Express said.
Police and excise departments can also waive fines if the offender identifies the source of liquor purchase, the proposed amendment states.
With the state government set to shift its focus from consumers to illegal traders and suppliers, the proposed amendments also provide for confiscation of movable and immovable properties of arrested traders. Apart from confiscation of properties of liquor traders and smugglers during the trial phases, the Bill further proposes that vehicles used for liquor trade be confiscated and subsequently auctioned. However, smaller vehicles will not be confiscated.
The punishment for drinking alcohol under Section 37 of the Act is imprisonment from 5 to 10 years and even imprisonment for life. as quoted by Indian Express, the amendment invokes “a punishment as notified by the State Government and for failure to pay such penalty invites simple imprisonment of one month”. It further says: “Provided that, in the case of repeat offenders, the State Government may, by notification, prescribe additional fine or imprisonment or both”.
The amendment to the law has been proposed amid criticism of the government for the way the apex court has implemented the law. Last month, Chief Justice NV Ramana had flagged it as an example of “lack of foresight”. As a result of this, the High Court is “filled with bail applications… an ordinary bail application takes one year to dispose of”.
According to official figures, four lakh arrests have been made in the state since the law came into force, while 20,000 bail applications are still pending. Bihar’s 59 jails have a capacity of 47,000, but now have around 70,000 inmates, of whom around 25,000 are booked under the Liquor Act.