Patna: The Patna High Court, in two separate cases of violation of prohibition law, stayed the state government's decisions to seal and seize a Hotel in Muzaffarpur and impose cumulative fine on a village of Gopalganj district.
A bench of Chief Justice Rajendra Menon and justice Anil Upadhyay, while hearing the case on Wednesday, came down heavily on the state administration for deciding to seize the entire hotel only because few bottles of liquor were recovered during the raid few months ago.
The owner of Chandralok Hotel challenged the government’s decision in the High Court. The Counsel, who appeared on behalf of the hotel owner, contended this decision terming it autocratic which can not be justified.
Not convinced by the contention made by the state government, the bench stayed the order and sought clarification within two weeks.
In a separate case, the bench stayed cumulative penalty on Khajoorbanna village of Gopalganj district where 19 people had died after consuming illicit liquor on Aug 16 last year. Using stringent provisions of the anti-liquor law, the government had ordered to fell all palm trees of the village and imposed penalty on every household of the village.
While Hearing a PIL, filed by an NGO Jan Adhikar Manch against the government's decision, the bench sought a reply from the state government and stayed the penalty orders.
Bihar Chief Minister Nitish Kumar had announced ban on country made liquor on April 1, 2016, which was was also imposed on Indian made foreign liquor after week. The Patna High Court quashed the Bihar Prohibition of Liquor Act September 30 on the grounds of it being ultra vires to the Constitution.
But rigid Nitish Kumar enacted another law just a day after the verdict which has more stringent provisions. However, liquor traders have challenged the law in the Supreme Court.
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