Proposal to amend prohibition law: Bihar shifts focus from drinkers to bootleggers

While the government has not yet divulged the amount of fine to be imposed on first-time “drinkers”, sources said that it would be “reasonable” as the basic idea behind the relaxation is to avoid jails getting clogged. If the first-time offenders fail to pay the fine, as per the amendments, they will face simple imprisonment for one year.

The proposed amendment also provides for the police and excise department to consider relaxation (including the waiver of fine) if drinkers successfully identify the source of liquor purchase.

The proposed amendments focus more on liquor traders and smugglers, whose property can be confiscated during trial stages. Vehicles used for liquor trade would be confiscated and could be later auctioned, as per the proposed changes. Smaller vehicles, however, would not be confiscated.

The amendments are being brought in amidst criticism of the government for the way it has implemented the law. Chief Justice N V Ramana last month flagged it as an example of “lack of foresight.” He said it had resulted in the high court “being clogged with bail applications…a simple bail application takes one year to be disposed”.

Records show more than four lakh arrests have been under the law so far with 20,000 pending bail pleas. Bihar’s 59 jails have a capacity of 47,000 but now have around 70,000 inmates with almost 25,000 booked under the liquor law.

Another key trigger for the proposed amendments, sources said, is the recent spurt in hooch deaths; over 50 in Nalanda, Saran, West Champaran and Gopalganj between November 2021 and mid-January 2022. The ruling Janata Dal (U) is also under pressure from its senior alliance partner Bharatiya Janata Party (BJP) which keeps attacking the “poor implementation” of the liquor law.

The key proposed amendments

Under Section 37, punishment for drinking is a jail term from five years to 10 and even life. The amendment calls for a “penalty as may be notified by the state government and failure to pay such penalty shall invite a simple imprisonment of one month”. It further says: “Provided that, in case of repeat offenders, the state government may, by notification, prescribe additional penalty or imprisonment or both”.

All offences, currently, are heard by trial courts. Under an amendment, the offences “shall be disposed of through the summary trial by an executive magistrate, not below the rank of deputy collector”. This is expected to accelerate the process and declog courts.

Deletion of Section 55 which made all offences under the Act non-compoundable – this means the cases can now be withdrawn, a compromise between two parties can be made in or outside the courts.

Insertion in Section 57 to allow release, upon payment of the penalty, of vehicles confiscated for carrying liquor.

Deletion of Chapter VII of the Act that deals with internment and externment of the accused under which there were curbs on their movement. This will also include deletion of its key Sections: Section 67 (extension of the period of externment); Section 68 (permission to return temporarily); Section 70 (immediate arrest).

To focus on criminal networks rather than minor, individual violations, a new sub-Section 50A has been planned that defines bootlegging as an “organised crime”.