Insaaf Times Desk
The Patna High Court has strongly criticized the Bihar government’s prohibition law, terming it “draconian” and warning that its provisions grant unchecked powers to authorities, potentially leading to the seizure and auction of private homes. The remarks came during the hearing of a petition challenging the Bihar Prohibition and Excise Act, 2016, and its Rules 2021.
The bench, comprising Acting Chief Justice P.B. Bajanthri and Justice S.B.P.D. Singh, heard the petition filed by Mahendra Prasad Singh, whose house had been sealed after liquor was found on the premises. Singh claimed he had no knowledge of the alcohol.
Court Observations
Sealing or auctioning a property solely based on the law is arbitrary.
Sections 57B and Rules 12B, 13B, and 14 lack clear guidelines, creating scope for misuse.
The minimum fine of ₹1 lakh, whether for 100 ml or 1 lakh litres of liquor, is excessive and violates Article 19(6) of the Constitution.
*Court Questions Raised
Will a landlord be held accountable if liquor is found in a rented property?
Will an entire household be penalized if a family member possesses alcohol?
Will government quarters be auctioned if liquor is discovered there?
The court clarified that landlords cannot be harassed for liquor found without their knowledge or intent. Accordingly, authorities were directed to immediately unseal the petitioner’s house, and the writ petition was accepted.
The verdict raises serious questions about the strictness and implementation of Bihar’s prohibition law. The court emphasized that the purpose of the law should be public welfare, not the violation of citizens’ rights.
