Liquor ban

Ahmed Ansari and Justice Navaniti Prasad Singh, held that Section 19(4) of the Bihar Excise (Amendment) Act, 2016 was “ultra vires and unenforceable”. The court, however, did not make any reference to the amended Act, which includes new provisions like making all adults of a family responsible if the head of the family is found drinking or in possession of liquor, and externment of up to six months for habitual drinkers.

“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,” said the court, which was hearing a bunch of petitions filed by various parties including manufacturers and dealers of Indian Made Foreign Liquor (IMFL).

“The impugned notification... , dated 05.04.2016, issued by the state under Section 19(4) of the said amended Act is also ultra vires the Constitution and, consequently, unenforceable,” it said.

“The punishment as prescribed by the recent amendment to the Act... are quite unreasonable and draconian and cannot be justified in a civilised society. It may be justified in a police state, which surely we are not,” said the court in its 142-page order.

“The presumption of innocence is totally taken away and the burden of proof thereof is put on the accused... For any reason, if he fails to prove his innocence, he would straightway be liable to punishment, which would be minimum 10 years imprisonment with astronomical fine, and would lose his entire property by virtue of confiscation,” it said.

BJP legislature party leader Sushil Kumar Modi said: “We are with the government when it comes to imposing a liquor ban. But we are against the provisions of disproportionate punishment and giving unbridled powers to police”.