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Collective Punishment for violating Prohibition in Bihar

Posted: Tuesday, 16 August 2016 10:35

 

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Collective Punishment for violating Prohibition in Bihar

Aug 16: Although morally the administration may be correct in imposing collective fine on a village after repeated seizures of liquor from there or serving notices for confiscation of property to the hotels in Nalanda after seizure of liquor bottles from there, it is difficult to imagine the steps will stand the test in the court of law, even though cheap liquor and not wine is the subject of these confiscations since wine has not yet entered the alcohol lexicon of the State

The Nalanda district administration (one of the 38 districts) in Bihar has reportedly started the process of imposing collective fine on a village after repeated seizures of liquor from there, the last being about a week ago. It has also served notices for confiscation of property to three big hotels of Nalanda – Hotel Madhuman, Basant Hotel and Midway Hotel, after seizure of liquor bottles from there.

“The notices have been served to about 50 families in village Kailashpur in Islampur block and the matter is under process. We carried out raids in the village thrice and every time, liquor was seized from there. The village was earlier known for making liquor,” Nalanda District Magistrate told HT.

He said that the hotels had also been served notice following seizure of bottles from there in a dry state. “After we receive their replies, confiscation of the property will get underway,” he added, citing provisions of the excise law. “Any premises or part thereof that may have been used for storing or manufacturing any liquor or intoxicant or for committing any other offense under this act is liable for confiscation,” according to the new excise laws.

Over half a dozen more villages across Bihar, including 2 in Patna, face the prospect of collective fines for flouting the prohibition norms. The villagers have been brewing of country liquor despite raids in the last 20-25 days by excise and police officials and dismantling of illicit liquor manufacturing units.

As per the new excise bill awaiting gubernatorial assent, if a collector is satisfied that some village, town or any locality within a village or town or any particular group or community living in that village or town have been repeatedly violating any of the provisions or are habitual offenders or are obstructing the administration of this Act, then he/she may be imposed a suitable collective fine. The existing law also has similar provisions.

The Bihar government imposed total prohibition in the state on April 5 but there have been no community fines so far despite huge seizures.

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