In Bihar, a person caught drinking or under the influence of alcohol can be released on payment of fine. But in default of payment of fine, he shall be punished with simple imprisonment for one month. Provision for this has been made in the proposed Prohibition and Excise Amendment Bill-2022 of the State Government. On Thursday, a copy of the bill was distributed among the legislators so that they could be familiar with its draft. This bill is to be passed in this session.
Under the bill, a person caught on the charge of drinking alcohol will be produced before the nearest executive magistrate. If he deposits the amount of fine, he can be released but it will not be his right. On the basis of the report of the arresting officers, it will be decided by the magistrate whether to release him or not. Cases registered under the Prohibition Act cannot be investigated by police or excise department officers below the rank of ASI. Provision has also been made in the bill to keep photographs taken from drones etc. in the category of evidence.
Many provisions have been made in the Bihar Prohibition and Excise Amendment Bill- 2022. The Executive Magistrate shall be appointed in consultation with the High Court. He shall exercise the powers of a Judicial Magistrate of the second class. After section 81 of the Bihar Prohibition of Alcohol Product Act 2016, now a new section 81-A has to be abolished. Due to the challenges of transportation under this section, it is not possible to keep the confiscated article or drug in safe custody, neither the Police Officer or the Excise Officer will be able to destroy the whole quantity on the spot by keeping a small sample even without the order of the Special Court or the Collector.
In the new provision, all offenses punishable under this Act, except those under section 35, shall be tried by a special court. It can be headed by a Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge or Judicial Magistrate. A person arrested under such cases, who is still in jail, shall be released if he has completed the term of imprisonment referred to in section 37.
There shall be at least one Special Court in each district. The State Government may, in consultation with the Chief Justice of the High Court, appoint retired Judges who have been Additional Sessions Judges to preside over the Special Court. Efforts will be made that the Special Court completes the trial within one year from the date of submission of the charge sheet. The State Government will issue directions or guidance regarding search, seizure, destruction of liquor, etc.