Express News Service
PATNA: Faced with criticism, the Bihar government on Wednesday tabled the Prohibition and Excise (Amendment) Bill 2022 in the state legislative assembly, making provisions of certain amendments in the existing law to give relaxations to the first-time offenders. The Bill introduced by state prohibition and excise minister Sunil Kumar was passed by voice vote.
As per the provisions in the amended law, the first-time offenders will not be sent to judicial custody. Their cases will be heard by the executive magistrates. The amount of fine to be realised from first-time offenders will be decided by the government later.
If the accused failed to pay the penalty imposed by the executive magistrate, 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.
The amendments, however, mentioned harsher punishment for habitual offenders and those involved in illicit trade of alcohol in ‘dry’ state. Sub-section has been added in Section 2 of Bihar Prohibition and Excise Act 2016, treating sale of alcohol as ‘organised 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. Section 55 of the Act has been abrogated making the offences under Prohibition Act as ‘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. NDA leaders hailed the Bill passed by the House. Reacting to the Bill, former chief minister Jitan Ram Manjhi said, “It’s clear that CM Nitish Kumar is not rigid on the policy.”
Flak paves way for better legislation
For first-time offenders
First time offenders will not be sent to judicial custody, cases to be heard by executive magistrates
Failure to pay penalty will land offender in prison for a month; fine amount to be decided by the government later
Vehicles impounded may be released after payment of penalty
To root out illicit trade
Harsher punishment for habitual offenders and those involved in illicit trade of alcohol
Organised crime – the sale of alcohol will be treated as ‘organised crime’ with a newly-added sub-section in of Bihar Prohibition and Excise Act 2016
More powers to district magistrate
New changes brought in the Bihar Prohibition and Excise Act 2016 now empowers district magistrates to order destroying of alcohol or raw material used for making alcohol
