Patna High Court - Orders
Niraj Singh @ Neeraj Kumar Singh vs The State Of Bihar on 15 June, 2022
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14308 of 2022
Arising Out of PS. Case No.-790 Year-2019 Thana- KUDHNI District- Muzaffarpur
======================================================
NIRAJ SINGH @ NEERAJ KUMAR SINGH SON OF ASARFI SINGH @
ASARPHI PRASAD SINGH RESIDENT OF VILLAGE-
DWARIKANATHPUR, P.S.- KARJA, DISTRICT- MUZAFFARPUR
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP.
Mrs. Pushpa Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-06-2022Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course.
Petitioner, who is in custody since 23.11.2021, seeks regular bail in connection with Kudhani (Turki O.P.) P.S. Case No. 790 of 2019 registered for offences punishable under Sections 414, 467, 468, 471/34 of the Indian Penal Code and Sections 30(a), 38(I), 41(I) of the Excise Act, 2016.
As per the allegation made in the FIR, total 2890.080 litres of different brands of foreign liquor were recovered from a truck bearing Registration No. PB10CW5596.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 2/12 implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. One co-accused namely, Ranjit Kumar Pathak has already been released on bail by a co-ordinate Bench of this Court vide order dated 29.02.2020 passed in Cr. Misc. No. 12427 of 2020. Petitioner is in custody since 23.11.2021.
Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner. He submits that the trade of illicit liquor is rampant in the State of Bihar. In spite of complete prohibition in the State, due to consumption of illicit liquor, people at large are dying everyday and they are suffering from various physical disorder, as such, it would not be in public interest to release the petitioner on bail. He further informs this Court that the District Muzaffarpur appears to have become the 'den' of manufactures, smugglers are mainly involved in the trade of illicit liquor in the State of Bihar.
The State of Bihar with due regard to the directives contained in Article 47 of the Constitution of India has implemented complete prohibition of Alcohol from April, 2016. The Bihar Prohibition and Excise Act, 2016 came into force to implement the policy of prohibition of liquor w.e.f. 2 nd October, 2016 (here under referred to as an 'Act'). From time to time, the Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 3/12 Act was amended and now the Bihar Prohibition and Excise (Amendment) Act, 2022 has come into force w.e.f. 1 st April 2022. Several amendments itself show that the State is striving its best to achieve the said objective, as its implementation could not be carried out effectively to stop illegal trade, smuggling and manufacturing of illicit liquor till date.
The Apex Court in the case of Razakbhai Issakbhai Mansuri and Others Vs. State of Gujarat and Others reported in 1993 Supp (2) SCC 659 while considering the Constitutional validity of the amendments made to the Bombay Prohibition Act, 1949 by the Gujarat Legislature prohibiting possession of rotten gur in excess of the prescribed limit without a permit and regulating manufacture etc. of rotten gur while upholding the justification of prohibition policy adopted by the State of Gujarat in view of Article 47 of the Constitution has observed in Paragraph No.11 inter alia as follows:-
"....... In order that this policy may succeed, it is not sufficient to merely ban manufacture and consumption of alcoholic drinks. To render it really effective further measures became essential in order to defeat the Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 4/12 illegal activities of the anti-social elements engaged in illicit manufacture and illegal distribution of the liquor in the market........."
This Court has come across several cases while hearing regular bail that the same are generally filed by the accused persons who are either drivers of the truck, khalasis, cleaners and poor labourers who are engaged in loading and unloading of illicit country made liquor and Indian Made Foreign liquor. Such labourers are also engaged in manufacturing of country made liquors. Even the passerby are not spared. The smugglers now often hire minors because professional drivers are no longer willing to risk ferrying alcohol because of stringent punishment. Many of such drivers are aged about 17-19 years and some of them are cleaner of the truck. Such young aged drivers and cleaners seem unaware of liquor kept in the truck and also unaware of the kingpin for whom they are simply asked to transport the truck to the required destination keeping them in dark. The very purpose of engaging minor is that they will face trial in a juvenile court and escape within months. This court has come across with the peculiar fact while hearing the bail application bearing Cr. Misc. Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 5/12 No. 38730 of 2021 preferred by one accused Arjun Kumar to have committed offence under Section 30(a) of the Bihar Prohibition and Excise Act pleaded that a prayer was made before the Juvenile Court to declare him as a juvenile. The real culprit escape punishment.
Surprisingly, in many cases, the vehicles which are seized are found to have different engine number not corresponding registration number. The reports submitted in several such cases from the concerned District Transport Officers of the District shows that for a single vehicle there are two owners, one on the basis of the engine / chassis number and other on the basis of the number displayed on the number plate of the vehicle. The poor drivers and khalasis are unaware of such mischief and illegality. In smuggling, the criminals even use vehicle bearing fake number plate to carry liquors manufactured outside the State of Bihar and inside the State of Bihar. Several reports were furnished from time to time on behalf of the State. The smuggling of the liquor loaded on such trucks move inside the State of Bihar on the basis of E-way Bill with respect to certain GST goods and in garb of said goods and huge quantity of illicit liquor enter into the State of Bihar without being suspected. Liquor is excluded from GST and Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 6/12 there is no requirement of any E-way Bill to carry the same leading to proliferation of smuggling of illicit liquor by the smugglers who are either licensee or the agent of the licensee in the manufacturing State for making black money.
Considering the sweeping change of mode of smuggling, in several cases, this Court had directed the Commissioner, Commercial Taxes to verify from the National portal of GST and furnish report containing details of E-way Bills generated with respect to concerned truck / container which are registered inside the State of Bihar or outside the State of Bihar and have been found containing certain GST goods and seized inside the State of Bihar. Several reports have revealed that in some of the cases, E-way Bills were generated on the basis of certain GST goods but in fact huge quantity of liquor loaded on it were seized inside the State of Bihar, whereas according to E-way Bill, the consignee were situated in neighbouring States like West Bengal and Jharkhand. There are cases in which even after the vehicles are being confiscated in accordance with the provisions of the Act after being seized still the E-way Bills are generated with respect to the said vehicles for certain GST goods but in fact liquors are smuggled inside the State of Bihar.
Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 7/12 Manufacturing of country made liquor has remained unchecked in almost all the districts of Bihar leading to hooch tragedies which have claimed lives of many people. The most recent in this line of tragedy have been reported from the District of Bhagalpur, Banka, Madhepura, Siwan, Gopalganj, Muzaffarpur, Vaishali, Sitamarhi and the State capital Patna and other districts which have shocked the nation. The border of the State with the neighbouring States are not only prone to incessant smuggling activities being carried right under the nose of the official, also smuggling from the neighbouring countries like Nepal inside the bordering district contiguous to Nepal and also matters of concern. Such is the dwindling state of affair in the State of Bihar which only leads to the ineffectiveness of the State officials of the key department like Prohibition, Excise and Registration Department, State Taxation Department, Transport Department and the State police. The worrying part is that report shows disciplinary action taken against the officials resorting to mal-practices. The enforcing authorities under the Act and the police officers seem to have misused their power. Need is to nib this immoral practice in the bud to stop the failure of the prohibition policy and proliferation of illegal trade of illicit liquor by the organized Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 8/12 traders / syndicate in the State. The Government through its Prohibition, Excise and Registration Department to meet the objective of Prohibition of liquor in the State of Bihar have taken following measures:-
1. Unmanned Ariel Vehicle/Drones Inducted.
2. Assistance of Sniffer Dogs In Prohibitory Efforts.
3. Breath Analyser Inducted To Service.
4. Motor Boat Roped in For Better Prohibitory Efforts.
5. Destruction of Illicit Liquor Taking Proper Measures For Causing Negligible Environmental Degradation.
6. Hiring Of Legal Consultants.
7. Establishment Of Special Courts.
8. ALTF (Anti Liqour Task Force) Being Formulated To Nab The Culprits.
9. Press Conference Being Held Regularly.
10. Details of Licensee Being Gathered By The Excise Department As Per The Batch No. Printed On The Seized Bottles Of Illicit Liquor .
In spite of the above measures carried out, this Court is clogged with bail applications for offences committed under the 'Act'. This Court is not only concerned with the illicit trade of liquor but the manner in which the seized liquor are being destroyed also raises serious concern with regard to its harmful effect not only on the environment and the ecology of Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 9/12 the area where such activities are taking place in a very careless manner without being objected by the Bihar State Pollution Control Board. Such unscientific destruction has also polluted the ground water table which depletes the fertility of the soil, leaving patches on barren land and contaminates the ground water also. The crushing of liquor bottles which are generally made of glasses and plastic is still causing hazardous effect causing pollution of severe magnitude, which also requires to be effectively taken care by the State Government.
Coming to the facts of the present case, the F.I.R. containing the seizure list shows the name of the manufacturer and the manufacturing State. The seized bottles of liquors contain the detailed dates of manufacturing, batch number, etc. The consignor who are also responsible for illegal act undoubtedly can be well verified on the basis of the details given on the bottles by verifying the pass issued by the licensed manufacturer or the State Beverages Corporation. The Commercial Taxes Department can take serious effort to give details of goods transport agency (GTA). The details of the transporter can be verified by the concerned District Transport Officer.
This Court reminds the Commissioner, Commercial Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 10/12 Taxes to submit a report with respect to any E-way Bill duly generated with respect to the aforesaid above mentioned truck and further to take action to block generation of E-way Bill not only with respect to the vehicles involved in the present case, but also with respect to those vehicles which have been seized and thereafter confiscated on the GST common portal which is maintained by the National Informatics Centre. Such measures are generally taken by the Central Board of Indirect Taxes and Customs (CBIC).
This Court in exercise of its holding constitutional power to safeguard the health, life and liberty of the people at large would have referred the matter before Hon'ble the Chief Justice to take cognizance of the issue for the cause of larger public interest, but for the present, taking into consideration the concern raised by the State counsel to furnish further report with respect to the steps taken by the State Government to implement prohibition in its true spirit, the Chief Secretary, Bihar is directed to take all serious measures to implement prohibition, particularly, with respect to the District Muzaffarpur, the number of seizure effected and nature of its increasing trend which raises doubt towards the complicity of the Excise Official, police personnel and transport authorities in surging Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 11/12 cases of trade of illicit liquor, particularly, in the District of Muzaffarpur. It seems the State officials to be incapacitated to take measures to stop vehicles engaged in transportation and smuggling of liquor.
The Chief Secretary, Bihar is directed to submit a detailed action taken report with respect to the steps taken for implementation of the Bihar Prohibition and Excise Act, 2016 as amended uptodate in its true spirit as well as the steps taken by him against the excise officials particularly in the Muzaffarpur district where the trend of manufacturing and smuggling of liquor is on rise because of deliberate inaction of the District officials to stop smuggling and manufacturing of liquor. The report must be submitted on or before 27.07.2022.
Considering the fact that petitioner has pleaded his innocence and has made a specific prayer that he has no concern with the illicit liquor and other co-accused similarly situated have been released on bail, the petitioner, above named, is directed to be released on provisional bail till disposal of this case upon furnishing bail bond of Rs. 200,000/- (Rupees Two Lacs) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court no. II, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case Patna High Court CR. MISC. No.14308 of 2022(2) dt.15-06-2022 12/12 No. 790 of 2019 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
Let the name of Sri Vikash Kumar SC-11 be appear in the daily cause list.
List this case on 27.07.2022 under the appropriate heading.
Registry is directed to communicate this order to the Chief Secretary, Government of Bihar and the learned Advocate General, Bihar.
(Purnendu Singh, J) Niraj/-
U T