Bihar To Amend Liquor Prohibition Law After Supreme Court's Concerns About Surge In Arrests & Bail Pleas

The State of Bihar on Tuesday informed the Supreme Court that it is proposing to amend the Bihar Prohibition Act in the light of the concerns expressed by the Court earlier regarding the law leading to a surge in arrests, which in turn led to the clogging of the Courts with bail applications.Last week, the Court had asked the State of Bihar to inform it about the legislative impact assessment carried out before brining the law regarding its effect on the judicial infrastructure. A bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh had observed that the trial Court and the High Court are both being crowded by bail applications to an extent that at some stage 16 judges of the High Court are listening to bail matters and prosecutions under the Act concerned forms a large part of it.On Tuesday, Senior Advocate Ranjit Kumar, appearing for the State Government, informed the bench that the State is proposing an amendment to the Act to address the concerns expressed by the Bench."Senior advocate Ranjit Kumar, appearing for Bihar government, submits that an amendment is to be brought to make the law more efficacious and to deal with its fallout. We would like to know what is the legislative impact study undertaken before implementing the Bihar prohibition law," the Bench recorded.The Bench had earlier observed that the denial of the bail will lead to overcrowding in jails and had asked if the option of plea bargaining was available in the law.Reportedly, the Bihar cabinet has cleared amendments to the law to let off first time drinkers only with fine.The Chief Justice of India NV Ramana had also earlier this year remarked that the Bihar Prohibition and Excise Act, 2016 has created an impact on functioning of the Patna High Court, delaying the listing of matters since the courts are busy hearing bail matters of those accused under the Act.A CJI led Bench had observed that to achieve the object of the Act, the prosecution of the case should be made in all earnestness to secure conviction and punishment.The Bihar Prohibition and Excise Act, 2016 (Act, 2016) prohibits the manufacture, storage, distribution, transportation, possession, sale, purchase and consumption of any intoxicant or liquor. The 2018 amendment watered down certain provisions to relax the bail conditions.

Bihar To Amend Liquor Prohibition Law After Supreme Court's Concerns About Surge In Arrests & Bail Pleas

Sohini Chowdhury

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