Tanya Gupta
Published on: March 9, 2022 at 20:41 IST
The State of Bihar advanced its Intention of Amending the Bihar Prohibition and Excise Act. This Initiative was made when the Court earlier expressed its concerns with Respect to the Rise in Arrests consequently Congesting the Court with Bail Applications.
Last week, the Court asked the State of Bihar to provide it with Information about the Legislative Impact Assessment Conducted Prior to Enacting the Law.
A Bench of Justice MM Sundaresh and Sanjay Kishan Kaul had observed the Clogging of both High Courts and Trial Court with Bail Applications to such magnitude that at some point High Court’s 16 Judges are listening to the Bail Matters and Prosecutions under the concerned Act.
Senior Advocate Ranjit Kumar, on behalf of the State Government, on Tuesday enlightened the Bench about the Amendment to the Act to address its concern.
“Senior Advocate Ranjit Kumar, appearing for Bihar Government, submits that an Amendment is to be brought to make the Law more Efficacious and to Deal with its Fallout. We would like to know What is the Legislative Impact Study undertaken before Implementing the Bihar Prohibition Law,” the Bench observed.
The Bench had previously stated that Denying Bail would Result in Congestion in Jails and had Inquired whether the option of Plea Bargaining was available in the Law.
According to the Reports, the Bihar Cabinet has Approved Changes to the Law that will release First-Time Drinkers only with Fine.
Earlier the Year too, Chief Justice of India NV Ramana mentioned the Impact of Bihar Prohibition and Excise Act, 2016 on the operation of Patna High Court.
The Bench led by Chief Justice India notes that the Case should be Prosecuted with the utmost devotion to Secure a Conviction so that the Act’s Objective is fulfilled.
The Amendment of 2018 diluted some Provisions of the Bihar Prohibition and Excise Act, 2016 which Prohibits the Storage, Manufacture, Transportation, Distribution, Sale, Purchase, Possession, and Consumption of any Liquor or Intoxicant.
Also Read: HC data shows one-fourth pending cases of Bihar Courts are related to Excise
