VINIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) During last three days the Court has noticed recovery of illicit liquor to the tune of several thousands of liters. The State Government has introduced the scheme of total prohibition in furtherance of the constitutional obligation under Part-IV of the Constitution of India. The validity of the Excise and Prohibition Act, 2016 was challenged before this Court. The Division Bench of this Court had declared the law as unconstitutional. The matter was taken to the Supreme Court and the Supreme Court has stayed the operation of the order passed by the Division Bench of this Court. The matter is still pending in the Apex Court. In view of the stay granted by the Apex Court, this Court has to proceed that the Act is valid and operational unless contrary is decided by the Apex Court. The Scheme of total prohibition was introduced on the Birth Day of the Father Of Nation i.e. 2nd of October, 2016, total prohibition is one of the cherished vows of the present Government. The Government has run the risk of loss of big revenue which was collected by way of Custom and Excise duties in order to reform the society as a welfare State, but over the 3 1/2 years the scheme of total prohibition was frustrated in this State either on account of incompetent officers posted in the field on account of their gross negligence or due to their corrupt practice the trade of liquor is going unabated. In either of the two situations, the scheme which was introduced for the welfare of the State has suffered set back.

(2.) This Court has occasion to notice the inflow of cases involving excise and prohibition Act, 2016. Upto July, 2019 more than two lacs of cases are reported to be pending in the court below. Approximately 1.67 lacs persons have been arrested in connection with the excise offences. The Court failed to understand the magnitude of the offence committed under the Excise Act when there is total prohibition on sale, manufacture, transportation and consumption of liquor. The Scheme of total prohibition is well founded and consistent with constitutional ethos, it has also been introduced for quality life of the poor people whose hard earned money was earlier used for consumption of liquor and allied. The introduction of total prohibition has introduced qualitative change in the life of poor people and also protected the society from various evils and crimes used to be committed under the influence of liquor.

(3.) Unfortunately a new trend has developed after total prohibition. A large number of unemployed youths are now entering into the trade of transportation, sale, manufacture and other activities which are prohibited under the Excise Act. Fixing accountability on those who are responsible for the maintenance of total prohibition is the cry of the hour. The State has to fix accountability not only by recording administrative lapses in the ACR but at the same time criminal prosecution against those whose lapse led to movement of truck loaded liquor. The Court has noticed that despite total prohibition on manufacture and sale in this State, truck loaded liquors are allowed to move from one place to another.