{"id":276016,"date":"2022-10-20T17:00:18","date_gmt":"2022-10-20T11:30:18","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=276016"},"modified":"2022-10-20T17:00:18","modified_gmt":"2022-10-20T11:30:18","slug":"patna-high-court-bihar-prohibition-and-excise-act-article-47-of-the-constitution-smuggling-of-liquor-public-interest-litigation-legal-research-legal-news-updates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/10\/20\/patna-high-court-bihar-prohibition-and-excise-act-article-47-of-the-constitution-smuggling-of-liquor-public-interest-litigation-legal-research-legal-news-updates\/","title":{"rendered":"Patna High Court| Lives of citizens is risked by the failure of State machinery on failure to implement Liquor ban Requests CJ to take cognizance of the issue in larger public interest"},"content":{"rendered":"
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Patna high Court<\/b>: In a case relating to rising trend of manufacturing and smuggling of liquor in the dry State, Purnendu Singh, J. has observed that the State authorities have failed to implement complete prohibition of liquor in the State of Bihar affecting the health, life and liberty of the people at large.<\/p>\n

The Court noted that in its order dated 15.06.2022, it had directed the Chief Secretary to submit a detailed action taken report on or before 27.07.2022 with respect to steps taken for strict implementation of the Bihar Prohibition and Excise Act, 2016<\/a> in its true spirit and the disciplinary action against the officials especially empowered to implement the policy, as the rising trend of manufacturing and smuggling of liquor is due to the deliberate inaction of the State officials.<\/p>\n

The Court observed that the ill effects of intoxicants are well established, especially in the Indian society, therefore, the framers of the Constitution considered it fit to include it in express terms in Article 47<\/a> of the Constitution<\/a>, while mandating the duty of the State to raise standards of living and to improve the public health; and the Bihar prohibition law has been enacted with the said objective.<\/p>\n

The Court referred to the directions given by the bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ. in Sudhir Kumar Yadav<\/i> v. State of Bihar<\/i>, Special Leave Petition (Criminal) Diary No(s). 2482\/2022, wherein the Court has directed the State Government to collect number of prosecutions under the Act and cases pending in different Courts including the High Court under the Excise Act. Further, it was directed that a mechanism should be put in place to deal with the situation, however, nothing has been done by the State, as there have been an increase in the number of cases in Courts after the law was passed, thereby putting additional workload on the already overburdened judiciary.<\/p>\n

The Court, after examination of the reports submitted in several bail applications, observed that the main factors for the non-implementation of the Act in its true spirit, leading to these adverse consequences are due to the following reasons:<\/p>\n