The Patna High Court has overturned the demotion of a police inspector, criticizing Bihar’s prohibition law for fostering illegal liquor trade and harming the poor. Justice Purnendu Singh highlighted law enforcement’s exploitation and corruption, indicating the law’s punitive measures disproportionately target marginalized individuals. The ruling emphasizes the need to reevaluate the law’s implementation and address systemic flaws.
Patna: In a critical judgment, the Patna High Court set aside the demotion of a police inspector, highlighting how Bihar’s prohibition law has inadvertently fostered a thriving underground economy of liquor and contraband smuggling. The court observed that while the Bihar Prohibition and Excise Act, 2016, was introduced with the “noble objective of improving living standards and public health”, it has, “for several reasons, ended up on the wrong side of history.”
Justice Purnendu Singh’s Observations
Justice Purnendu Singh, in his 24-page judgment issued on October 29 and published on November 13, stated that the prohibition law has become a tool for exploitation, with its stringent provisions misused by law enforcement. He remarked:
“Officials of police, excise, state commercial tax, and transport departments welcome this liquor ban because for them it translates to major financial gain. Few cases are registered against the kingpins or syndicate operators involved in liquor smuggling, compared to the vast number of cases against the poor who consume liquor or fall victim to hooch tragedies. Largely, it is the poor of the state who bear the brunt of this Act.”
The judgment also noted that collusion between police and smugglers has led to the development of sophisticated methods to bypass the law, facilitating the transportation and distribution of illegal liquor in Bihar.
Case Background
The ruling was issued in response to a writ petition filed by Mukesh Kumar Paswan, the station house officer (SHO) of Patna Bypass police station. Paswan was suspended and later demoted after foreign-made liquor was found during a raid near his jurisdiction, approximately 500 meters from his station.
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Despite presenting a credible defense and asserting his innocence during a departmental inquiry, Paswan faced demotion based on a 2020 directive from the state government. The directive mandated penal action against police officers under whose jurisdiction liquor was recovered.
Court’s Decision
The Patna High Court quashed Paswan’s punishment and annulled the departmental proceedings, noting that the penalty appeared predetermined and reduced the inquiry to a mere formality. Justice Singh criticized the directive, arguing that it unfairly targeted individuals without proper consideration of the circumstances.
“The severe provisions of the prohibition law have become convenient tools for the police, who often act in collusion with smugglers,”
the court stated, emphasizing that such laws disproportionately impact the marginalized sections of society.
Implications of the Prohibition Law
The Bihar Prohibition and Excise Act was implemented to curb alcohol consumption and improve public health, aligning with the state’s constitutional mandate. However, its execution has exposed systemic flaws:
- Rise in Smuggling: The prohibition has created lucrative opportunities for illicit trade.
- Impact on the Poor: Those consuming liquor or caught in hooch tragedies often face the harshest consequences, while powerful operators escape accountability.
- Law Enforcement Misuse: Reports of collusion and corruption undermine the law’s intent.
Key Takeaway
The judgment calls for a reassessment of the prohibition law, particularly its implementation. By pointing out the systemic exploitation and unintended consequences, the Patna High Court has opened the door for broader discussions on balancing public health goals with fair and just enforcement.
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