1.10.16

Patna HC Strikes Down Nitish's Total Prohibition Plans

The Patna High Court struck down Bihar Chief Minister Nitish Kumar's move to enforce total prohibition in the state, terming unconstitutional the amended law that includes stringent provisions such as a collective fine on the entire village or town if a group violates the liquor ban.
The court on Friday quashed the April 5 notification which paved the way for amendments to the Bihar Excise and Prohibition Act under section 19 (4) of the Bihar Prohibition and Excise Act.Through this notification, the state government had imposed a ban on trade and consumption of foreign liquor.
The order, which comes just two days before the new Bihar Prohibition and Excise Act, 2016 is set to take effect, will not have any bearing on the ongoing ban on country liquor in the state.
Chief Minister Nitish Kumar had vigorously championed the amendments in the face of vehement opposition as he sought to fulfil an election promise made to lakhs of women voters to turn Bihar into a dry state even as his critics derided the penal provisions.
The case, pertaining to a bunch of petitions against the amendments, was heard by a bench comprising Chief Justice IA Ansari and Justice Navaniti Prasad Singh. “To conclude in my opinion, section 19 (4) of the Bihar Excise Act, 1915 as amended with effect from 01.04.2016 (passed by the state legislatures on 31.03.2016) is ultra vires the Constitution and unenforceable,“ Justice Navaniti Prasad Singh wrote in his order. The judge said that the penal provision with regard to confiscation of property where liquor is consumed or stored also violates the Constitution.
Referring to the plea that the right to consume alcohol is a constitutional right, Chief Justice Ansari ruled that “reasonable restriction on consumption of alcohol, or complete prohibition on consumption of alcohol, can be imposed by the state in order to carry forward the goal set by the Constitution in form of Directive Principles of State Policy, but such implementation of policy shall be in accordance with law and not in violation thereof “.
Senior lawyer YV Giri, who appeared on behalf of petitioners, said the state government must not show haste in implementing the new excise law from October 2.

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