The Supreme Court on Wednesday queried the Bihar government whether there is a study or any empirical data to show reduction in liquor consumption in the state after enactment of the prohibition law, while pointing out that a lion’s share of bail applications from Bihar are due to it, and this is burdening the judicial system.
A bench of Justices K.M. Joseph, Krishna Murari, and B.V. Nagarathna asked the state government counsel: “Do you know how many bail applications are coming from Bihar to this court? A lion’s share of these bail applications is of the state’s prohibition act.”
“Is there any study or any empirical data to show that due to the prohibition act, the graph of liquor consumption in the state is coming down?” it also asked.
The top court clarified that it is not questioning the state’s intent for the enactment of the law but sharing the fact about the number of bail applications coming to the court, which is putting a burden on the judicial system. It observed that when laws are enacted without any study, then this happens.
The Bihar government counsel submitted that an amendment was made in the prohibition law under which the first-time offenders can be released with a fine. The counsel added that it has reduced the burden on the judicial system.
The bench was hearing an anticipatory bail plea by Anil Kumar, a resident of Bihar. In 2015, Kumar was allegedly caught with more than 25 litres of foreign liquor in his car. The bench granted anticipatory bail to Kumar, which was opposed by state government counsel.
During the hearing, the bench queried the state counsel: “Do you think 25 litres of liquor is a huge quantity? Why don’t you take a tour of Punjab then?”
Kumar’s counsel said his client was falsely implicated in the case as the car was only registered in his name, however he was not in the car when the recovery was made.
Kumar had moved the apex court against the Patna High Court, which declined to entertain his anticipatory bail application.
