Patna: The high court on Wednesday issued a notice to the chief secretary directing him to reply on the issue of sealing places from where liquor is being found.
The court was hearing a petition filed by North Bengal State Transport Corporation, a bus of which was sealed near Barauni, as around 40 litres of liquor was found in the bus on July 15, 2017. According to Section 56 of the Bihar Prohibition Act, if liquor is found from anywhere, building or place, it will be confiscated.
The court observedif the government will seal the high court if a bottle of liquor is found on the court premises or if it will seal a train if liquor is found in one of its bogeys.
The court, in its order, stated: "We are constrained to pass this order and issue notice to the chief secretary on account of insensitive nature of action being taken by the officers of the state government in the matter of implementing the Bihar Prohibition and Excise Act, 2016. Day in and day out, we are faced with the situation wherein for offence said to have been committed under the Prohibition Act, actions are being taken by the officers concerned in a manner which does not show application of mind, analysing of the facts in a proper manner, in fact mechanical actions are being taken without taking note of the seriousness of the action, as a consequence thereof, citizens not only of this state, but other states are to suffer."
The court then stated in its order: "For example, in a case that came up before us, an officer working in a bank stationed in Noida was transferred to Bengal. He transported his household goods along with goods of various other customers through a transporter in Delhi and while the vehicle was passing through the state of Bihar, some liquor was seized in the vehicle. Instead of proceeding against the owner of the vehicle and the driver, the entire household goods of the bank officer was seized and he had come to this court seeking release of his household items and is also facing action along with the driver and the owner. If the officers responsible had analysed the facts properly, inconvenience to the citizen stationed in Noida, who was transporting the household goods to Calcutta on transfer, could have been avoided."
The court then listed the matter to January 31, directing to ensure that the service of this order, along with a copy of the petition, be sent to the chief secretary within three days.