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Prashant Kishor, if elected, will remove prohibition in Bihar in an hour

Prashant Kishor Pandey, political strategist and tactician, who has formed his own political outfit ‘Jan Suraaj’ on October 2, 2022 has promised to lift the ban on liquor in Bihar if his party came to power in the State Assembly elections to be held in 2025.

Prashant Kishor vowed to the lift the ban ‘within an hour’ if his party won the elections. “We have been preparing for the last two years. If the Jan Suraaj government is formed, we will end the liquor ban within one hour,” he told a news agency.

Prohibition in force since 2016

The present Chief Minister, Nitish Kumar first imposed total prohibition in 2016 and that really hasn’t helped the state of Bihar as the number of deaths due to illicit liquor crossed 200 and 30 cases have been filed without any conviction. And we have the infamous statement of Nitish Kumar who said ‘Jo sharab piyega, woh marega hi’ (one who drinks liquor, will surely die).

In 2015 before coming to power in his election rally he had promised to introduce prohibition. When he came to power he said, “My government is committed to fulfilling promises made to women during the election campaign. There was a surge of complaints from women about male members of the family resorting to drinking and creating nuisance, which also affected the education of their children. Though the excise department can earn ₹4,000 crore per year, we have to think in terms of public interest and take this decision.” However, there have been instances from states where prohibition has been in place that it really is counterproductive, giving rise to illegal trade and illicit liquor and the consequent deaths.

Undeterred by such opinion, the Bihar Government on December 21, 2015, issued a gazette notification, introducing a New Excise Policy to curb the menace of alcoholism and vices related to it. The notification provided for prohibition of country liquor within the State of Bihar from April 1, 2016. Accordingly in order to achieve the desired objectives of Prohibition, The Bihar Excise Act ,1915 was amended and Bihar Excise (Amendment) Act, 2016 was promulgated and from April 5, it imposed total prohibition.

Consequently, the Bihar Prohibition and Excise Act, 2016 was notified on 2nd of October 2016, the preamble of which provides thus: “To enforce, implement and promote complete Prohibition of liquor and intoxicants in the territory of the State of Bihar and for matters connected therewith or incidental thereto. Whereas it is expedient to provide for a uniform law relating to Prohibition and regulation of liquor and intoxicants, the levy of duties thereon and punishment for the violation of law in the State of Bihar.”

Prohibition has not helped State

However, prohibition has not helped the state which has lost over 200 lives, besides revenues that come from excise. The worst part is that there has not been a single conviction in any of the cases so far. Thirteen people who were convicted in March 2021 in the 2016 Gopalganj hooch tragedy by a lower court were acquitted by the Patna High Court.

In such a scenario, Nitish Kumar has made several amendments to the anti-liquor law but that really has not helped the illegal activities. On March 30, 2022, the Bihar Prohibition and Excise (Amendment) Bill, 2022 was passed by the legislature, and the bill amended the 2016 Act. The Bill was introduced to expedite trial in the courts and to focus on punishing illegal suppliers and traders of liquor, instead of persons consuming it. The government decided to allow the release of vehicles impounded for transporting liquor after the payment of only 10% of its insurance cover, instead of the 50% required earlier, the rationale for this is inexplicable.

Penalty for consuming liquor

As per the amendment it introduced penalty for consuming liquor. The Act specifies the following as offences: (i) consuming liquor or intoxicant in any place, (ii) being found drunk, (iii) drinking and creating nuisance or violence, and (iv) facilitating drunkenness or allowing assembly of drunk persons in a house. The first two offences are punishable with a minimum fine of ₹50,000 for first-time offenders, or three months imprisonment in lieu of such fine. Repeat offenders are punishable with fine up to one lakh rupees, and imprisonment ranging from one to five years. The other two offences may be punished with fine of one lakh rupees to five lakh rupees, and five to ten years of imprisonment. The Bill only penalises persons who consume any intoxicant, or are found drunk or under the influence of an intoxicant. These offences are punishable with: (i) a fine in the first instance, and one month imprisonment in case of failure to pay fine, and (ii) additional fine or imprisonment, or both, in case of repeat offences. The state government will prescribe fines for the first instance of offence, and fines and imprisonment for repeat offenders.

Trial by Executive Magistrate

The Act said persons consuming alcohol, or found intoxicated, will be arrested and produced before the nearest Executive Magistrate (to be appointed by the state government in consultation with the High Court). The Magistrate will conduct a summary trial of such persons. The Executive Magistrate will exercise the powers of a Judicial Magistrate of the second class in such cases.

Consumption of liquor in a chemist shop

The Act provides separate punishment for persons consuming liquor in a chemist or druggist shop or dispensary. The Bill removes this provision.

Special Courts

Under the Act, all offences are tried either by a Sessions Court or a Special Court. Special Courts may be appointed or designated by the state government. The Bill provides that all offences (except for consumption of liquor) will be tried by a Special Court. It requires every district to have at least one Special Court. Special Courts will only try offences under the Act, and must endeavour to complete the trial within one year from the date of submission of the charge sheet. Judges in these Courts must be appointed by the state government in consultation with the Chief Justice of the High Court.

Timeline for investigation

The Act requires the excise officer or police officer to file the investigation report within 60 days of registration of the case. The Bill relaxes this timeline to 90 days in case of offences punishable with a minimum of ten years imprisonment or death.

Offences made compoundable

At present, all offences under the Act are non-compoundable. The Bill omits this provision, implying that offences under the Act may now be compounded. Compoundable offences are those which may be settled between parties.

Confiscation of items

If an offence has been committed under the Act, certain items (such as intoxicants, vehicles, and premises) may be confiscated in such a manner as prescribed. The Bill provides that such items may be confiscated by the Collector (District Magistrate) or any officer authorised by him, based on the report of the investigating officer.

Destruction of items

Under the Act, the Collector may order the sale or destruction of articles before their confiscation. This may be done if: (i) the article is subject to speedy and natural decay, is of nominal value, or can be put to misuse, or (ii) the sale would be in the public interest or for the benefit of the owner. As per the Bill, the Collector or an officer authorised by him may destroy items either without or after confiscation. Items may be destroyed if they: (i) may be misused, or (ii) are likely to endanger public safety.

Release of seized items

The Act empowers excise officers and police officers to enter, inspect, and search any place, and seize any document, intoxicant or other items of concern, when investigating offences. The Bill adds that items or premises used for committing an offence under the Act, which have been seized by such officers, will be released (except for reasons to be recorded in writing) on payment of a penalty notified by the state government. In case of non-payment of penalty, the seized items will be confiscated.

Production of arrested persons

The Act requires arrested persons to be produced before court within 24 hours. The Bill permits arrested persons to be produced before the Special Court, or the nearest Judicial Magistrate, either in person or through electronic video.The law has been criticised by the Supreme Court too. The former Chief Justice of India N.V. Ramana said that the Bihar Prohibition and Excise Act, 2016 was made with a lack of foresight, and had led to clogging of the state’s courts. He said that 14-15 judges of the Patna High Court were kept busy each day with bail hearings in liquor cases.

‘The Youth will be finished’

Supreme Court on illicit liquor related deaths

• Spurious liquor claims over 50 lives in Bihar

• Bihar Chief Minister says no compensation to families of victims

• Supreme Court pulls up Punjab Government for illicit liquor trade

Illicit liquor deaths in India are not uncommon. The 50 plus deaths in Bihar due to consumption of spurious liquor has sparked off a debate on prohibition too, vigilance, affordability etc. The stance taken by the Bihar Chief Minister, Nitish Kumar that ‘jo piyega, woh marega’ has been criticised by the opposition saying that instead of cracking down heavily on those manufacturing spurious liquor, the Chief Minister is taking a high moral stance.

Not just the youth will be finished, but all those who consume illicit liquor will end up in a mess. Even while the Supreme Court made the remark recently on the flourishing illicit liquor trade in Punjab, in Bihar, where prohibition is in place, the death toll due to consumption of illicit liquor had crossed 50 at the time of writing. The deaths were reported from Saran district.

The Chief Minister of Bihar, Nitish Kumar is obstinate about continuing prohibition, despite the frequency of deaths due to illicit liquor. He said in Hindi ‘Jo piyega, woh marega’ (one who drinks, will die) and added that prohibition had helped so many families. The Chief Minister categorically stated that no compensation would be paid to the families of those who had died in the liquor tragedy.

To boot Bihar has a Minister for Prohibition and Excise, Sunil Kumar who dismissed the tragedy, stating that “Rumours are being spread by some political parties or people with vested personal or political interest that hooch tragedies are happening in the state because of prohibition. We want to clarify that hooch incidents have no relation with the ban on liquor.”

Sunil Kumar, Minister for Prohibition and Excise

The Chief Minister said, “Even when there was no liquor ban here, people died due to spurious liquor – even in other states. People should be alert. As there is a liquor ban here, something spurious will be sold due to which people die. Liquor is bad and shouldn’t be consumed.”

Prohibition gives room for illicit trade

Deaths due to consumption of illicit liquor is a common phenomenon in Bihar and elsewhere too, but the governments are turning a blind eye to the situation. Earlier in March this year, 42 persons died and in 2021 the number of deaths reported due to illicit liquor consumption was 95 in Bihar. It was in 2016, Nitish Kumar who has been Chief Minister for seven times, introduced prohibition, taking a high moral ground and termed all those who drink as ‘mahapaapis’ (great sinners) and ‘not Hindustani’ which as head of state did not augur well for a trade which, besides adding to most State coffers, has evolved itself with great responsibility and sophistication. Yes, there are black sheep that run the illicit trade, which can be weeded out jointly by the industry and regulators.

The tragedy has led to war of words and the opposition, particularly BJP, has got a handle to drub the government on how prohibition has not only failed, but also led to rise in illicit liquor trade. The Union Minister for Panchayati Raj Giriraj Singh has urged Nitish Kumar to reconsider the prohibition policy, claiming that it has failed in checking illegal sale of spurious liquor, resulting in frequent deaths, and a rise in crime linked to it.

Last year alone from January 2021 to October 2021, the Bihar government registered a total of 49,900 cases in different districts after conducting special raids under the State Prohibition and Excise (Amendment) Act-2018. It seized a total of 38,72,645 litres of illicit liquor. The Bihar Police in an official statement had mentioned that a total of 12,93,229 litres of country liquor and 25,79,415 litres of foreign liquor was recovered and confiscated in the state.

During the operation, 62,140 accused were arrested and 12,200 vehicles were confiscated. Of the total accused, 1,590 people arrested did not belong to the state. The five districts, which were on top in terms of liquor seizure were Vaishali with 45,63,59 litres of liquor, Patna with 35,00,85 litres, Muzaffarpur with 25,64,80 litres, Aurangabad with 23,25,42 litres and Madhubani with 22,37,67 litres. The five districts, which were on top in terms of arrests are Patna with 6855 arrests, followed by Saran (3872), Motihari (2832), Nawada (2814) and Muzaffarpur (2660). With mounting opposition, the Bihar Chief Minister has asked his officials to arrest the ‘big fish’ involved in manufacture of spurious liquor.

Nearly 4 lakh violators languishing in jails

As per media reports from Bihar, nearly 4 lakh people have been arrested under the prohibition law since April 2016, leading to crowded jails and courts which are stressed dealing with such cases. Most of those arrested are poor, unable to afford bail. Despite this, the illicit trade keeps attracting people into the network of clandestine trade.

With so many arrests and many of them languishing jails, while the big fish go scot-free, the Nitish Kumar government has proposed amendment to the Bihar Prohibition and Excise Act, 2016. The proposal is to give a ‘second chance’ to violators rather than punishing them straightaway.

Illegal ‘bhattis’ keep mushrooming

Bihar, Gujarat, Mizoram and Nagaland are the states where prohibition is in force and deaths due to illicit liquor consumption is not surprising. And Punjab where liquor consumption is high, illicit liquor trade is thriving and the Supreme Court recently castigated the government on how such trade was destroying the social fabric. A bench of justices M R Shah and C T Ravikumar asked the Punjab government to spell out specific steps taken to curb the production and sale of illegal liquor. Senior advocate Ajit Kumar Sinha, appearing for the Punjab government, assured the court that the state is taking action and had already destroyed over 13,000 illegal liquor ‘bhattis’ (distilleries).

“We are not concerned with A government or B government. So far as Punjab is concerned, the drugs problem is increasing. The youth will be finished. It is very unfortunate that this is happening. Who is the sufferer? The poor people. Illegal manufacture and transportation have to stop because it ultimately affects the health and the society,” the court observed.

36,000 FIRs registered in Punjab in two years

The top court was hearing a plea arising out of a September 2020 order of the Punjab and Haryana High Court that had disposed of a petition seeking transfer of some FIRs registered in Punjab in relation to distillation of spurious liquor, its sale and inter-state smuggling to the CBI. Sinha told the Supreme Court that over 36,000 FIRs had been registered in the last two years.

The bench pulled up the defence counsel stating “You (government) are only filing FIRs, but according to you in every gali and mohalla there is a ‘bhatti’.” “The state may also come out with a circular on effective investigation and enquiry…. that if any illegal bhatti is found, the concerned local police will be held responsible for not keeping a vigil,” the bench said. The apex court, which observed the poor were the worst sufferers of hooch tragedies, directed the Punjab Excise Department to apprise it about the particulars of certain FIRs that have been lodged.

The Punjab government’s excise department has filed an affidavit in the Supreme Court that it would introduce country liquor with an alcohol content of 40% as a ‘healthier alternative’ to illegally home-brewed liquor and spurious liquor. The Punjab government also told the court that an officer of the rank of Inspector General of Police would be deputed to investigate and monitor all cases registered under the Punjab Excise Act, 1914 and that circulars had been issued to all field units to ensure action against illegal liquor production and smuggling.

The petitioners had claimed in the high court that illegal distilleries and bottling plants mushroomed in the state where the liquor mafia continues to thrive. They also referred to the August 2020 hooch tragedy in Punjab where over 100 people had died owing to consumption of spurious liquor. There are hundreds of varieties of spurious liquor and they are sold under different names such as ‘Mahua’, ‘Narangi’, ‘Moonshine’, ‘Tarra’ etc. Most ‘bhattis’ make hooch using coarse Jaggery, local yeast extracted from plants, citrus peels from oranges, sweet lime, etc., and other fruits like wild berries, pears, apricot, peaches, water, methanol etc. are used. Further, it is reported that they add organic waste, dead rodents, lizards and battery acid to make it more potent.

782 deaths in India in 2021

Last year, India registered a total of 708 incidents of consumption of illicit/spurious liquor causing 782 deaths. The maximum such deaths were reported from Uttar Pradesh (137), followed by Punjab (127); Madhya Pradesh (108) and Karnataka (104). The problem is more of spurious liquor. However, industry experts believe that prohibition aids illicit liquor trade, but add that unless governments deal with a firm hand such trade, deaths are going to continue, prohibition or no prohibition. The contention of the industry is that by lifting prohibition, consumers are spoilt for choice and that in a way can bring down casualties.

Illicit liquor trade is big not just in India, but in many countries due to the moolah it brings in for those indulging in it. As per a report, the ASEAN countries are forecast to have the highest consumption of unrecorded alcohol by 2025. “Illicit alcohol accounts for 90% of the alcohol market in Indonesia and 85% of the market in Vietnam.

– R. Chandrakanth