New prohibition law in force in Bihar from Sunday

NEW DELHI: Reiterating his commitment to enforce total prohibition, chief minister Nitish Kumar on Sunday announced that the new law- Bihar Prohibition and Excise Act, 2016- has come into force from October 2 in the state. Bihar government has also decided to move Supreme Court against the Patna high court order, which quashed April 5 notification relating to amendments in the old law for enforcing prohibition.

Kumar held a meeting of the state cabinet on Sunday afternoon. He told reporters that the high court order has no impact on the new law which both houses- state assembly and state legislative council- have passed. He targeted the opposition parties particularly the BJP for terming the new law as “draconian”. He asked the opposition parties to give suggestions for amendments instead of terming the new law as “draconian” or “Talibani”.

On Friday, Patna high court struck down the April 5 notification which paved the way for the amendments to the old Bihar Excise and Prohibition Act (amended), 2016. The state government had banned India Made Foreign Liquor with the help of the same amendments.

The new Act, which came into force from Sunday, has stringent provisions. As per one of the provision, every adult of a family would be presumed to be aware of the offence if alcohol is consumed, manufactured, sold or distributed in premises one occupies. CM Nitish faces criticism for incorporating this provision in the Act. “Who would be responsible in case of the recovery of liquor from a house,” Nitish asked at the press conference while referring to this provision.

This Act has also provision for setting up special courts to deal with the prohibition law.