New Delhi: With the cases of hooch tragedy are on the rise in Bihar despite a complete prohibition in the state, the government led by Chief Minister Nitish Kumar is mulling amending the prohibition law especially for the first-time offenders.
As per the sources, the amended prohibition rules may be called the Bihar Prohibition and Excise (Amendment), Act 2022. Sources in the state's Home Department have confirmed Millennium Post that the department has received a proposal from the Excise Department to substitute Section 37 of Bihar Prohibition and Excise Act, 2016.
As per Section 37 (the penalty for consumption of liquor), liquor or intoxicant at any place or is found drunk or found under influence of any intoxicant, within the home or outside, shall be imposed a penalty. It further states that the failure to pay such a penalty would invite simple imprisonment for one month.
"All offenses under Section 37 shall be disposed of through the procedure of summary trial by an executive magistrate or not below the rank of Deputy Collector," they stated.
The Home Department has further clarified that it would not apply to repeat offenders and a person repeatedly violating the norms of liquor prohibition law would be liable to face jail terms.
It would not be the first case of amendment in the liquor prohibition Act as in 2018, the state government had made a provision to grant bail to normal offenders at the police station level after paying a fine of Rs 50,000. Though, the accused was bound to face court cases.
On the issue, Additional Chief Secretary (Home) Chaitanya Prasad said that inter-departmental consultations are still going on over the proposals initiated by the Excise Department to amend some provisions in the act.
Reacting to the development, RJD MLA Bhai Birendra said that the proposed amendments are a face-saving exercise by Chief Minister Nitish Kumar who is facing flak for the faulty implementation of the prohibition law.