Bihar’s dry law is going to be scarier. By the end of this month, once the proposed amendments to the New Excise Act, promulgated only three months ago, gets the approval of the State legislature, the law will have more teeth. As per the proposed amendments, recovery of a bottle of liquor from anybody’s house would mean arrest of all the adult male members of the family and even the neighbours.
The Nitish Kumar Government received bouquets and brickbats for enforcing a harsh excise law and since its implementation from April 1, several hundred ‘violators’ have been booked. However, due to a loophole in the Act, most of them got bail. Now the Government is determined to plug those loopholes so that violators did not escape legal action.
Among those who got bail included JD(U) MlC Manorma Devi, the mother of Rocky Yadav who shot dead a teenager in Gaya for overtaking his SUV. The police, during raids to search for the assailant recovered a few bottles of liquor from her home and booked her. A fortnight later, she, however, got bail from the Patna High Court. Over 6,000 people were arrested on charge of violation of the law, not only drinking but also possessing spirits, but they got bails from different courts thanks to Section 79 of the Bihar Excise Act, 2016.
The amendments propose to do away with that Section which provided bail on PR bond from the court or the police stations. After the incorporation of the amendments, the Excise inspectors will get the power and authority of police inspectors and special excise courts would be set up for the speedy trial of violation of the law. On an average, the Excise Department sources said, 2,000 to 2,500 people are arrested every month. Since this a big number, the Government feels the need for special courts.
Needless to say that the new amendments will not go down well with many people as well as the Opposition and the Government may face stiff challenge in the legislature. However, nobody was ready to come on record to say anything about it since there was no official word on the proposed amendments.
Bihar Excise and Prohibition Minister Abdul Jalil Mastan said, “Our new Act will be so harsh that people will be scared to look at the wine, forget its consumption.” Mastan also launched prohibition website www.nashamuktbihar.in and said by logging on one can find out from anywhere in the world about the prohibition in Bihar, the law and de-addiction centres. Bihar Beverage Corporation managing director Mithilesh Mishra said, “We are taking the services of Bill & Melinda Gates Foundation and AN Sinha Institute to study the socio-economic impact of the prohibition.”
For the speedy trial of the prohibition related cases the police headquarters has directed all the SPs for investigation and charge-sheet on priority basis for their speedy trial. Additional Director General of Police (law and Order) Alok Raj has issued the directive to all the district SPs and rail SPs to submit details of all the arrests made by them from April to June. They have also been asked to furnish the details every month by 10 to the special prohibition cell of the State police.
For the establishment of the special courts, the amended law will have provision about it. Chief Secretary Anjani Kumar Singh said, “After the passage of this amendment, the State Government will not need permission from any other authority for setting up of such courts. The Patna High Curt will provide personnel for the special courts that will be set up across the State.” The law department has been requested to provide two special public prosecutors in each district to deal exclusively with prohibition related cases and also to oppose bail application of the accused.