Express News Service
PATNA: The Bihar government on Wednesday introduced the Bihar Prohibition and Excise (Amendment) Bill 2022 in the state legislative assembly, making provisions for certain relaxations for first-time offenders. The state cabinet had approved the
proposal earlier. After the assembly’s clearance, it will be sent to Governor Phagu Chauhan for his approval. Thereafter, it will automatically become an Act.
As per the provisions in the amended Bill, first-time offenders will not be sent to judicial custody. Instead, they may be released after payment of a fine. Their cases will be heard by executive magistrates. The amount of the fine will be
decided by the government later.
If the accused failed to pay the penalty imposed by the executive magistrate concerned, he/she will have to serve one month in prison. Moreover, vehicles impounded on the charges of violating the prohibition law may be released after payment of penalty. But this will be applicable to cases of mild nature only.
The amendments, however, mentioned a harsher punishment for habitual offenders and those involved in illicit trade of alcohol in the ‘dry’ state. Sub-section 50A has been added in Section 2 of Bihar Prohibition and Excise Act 2016, treating sale of alcohol as ‘organized crime’.
There have been three major changes in the existing Act. First, people found in inebriated condition will not be directly sent to judicial custody but released on payment of fine imposed by the executive magistrates appointed by the government.
Secondly, the prohibition cases will be heard by executive magistrates, deputy collectors and officers above those ranks. Investigating officers of prohibition cases will not be below the rank of assistant sub-inspectors of police or excise department. Section 55 of the Act has been abrogated making offences under Prohibition Act a ‘compoundable offence’.
Similarly, major changes have been brought in section 57 of the existing Act. Now, alcohol or raw material used for making liquor may be destroyed on the order of district magistrates. There is no need to stock the seized commodity as exhibits for long.
Sub-section 57A has been added in Section 57 of the existing Act. Under the new provision, vehicles seized for violating the prohibition law may be released after payment of penalty. If the owners failed to pay the amount of penalty, the vehicles may be seized. Some changes have also been brought in Section 62, Section 81 and Section 83 of the Bihar Prohibition and Excise Act 2016.
NDA leaders hailed the Bill passed by the House. Reacting to the Bill, former Chief Minister Jitan Ram Manjhi said, “It’s clear that Chief Minister Nitish Kumar is not rigid on the prohibition policy. The government has proposed amendments
in the law after reviewing certain lacuna.” BJP leaders also welcomed the Bill.
Over 4.05 lakh cases have been registered and 3.5 lakh people arrested ever since the state came under total prohibition in April 2016.
