No search warrant was taken by the police and excise department officials before entering the house of Congress MLA from West Champaran's Narkatiaganj, Vinay Verma, who was slapped with two FIRs following a television sting operation that purportedly showed him boasting he could get liquor for guests.

"We did not procure any search warrant because it was not needed," Narkatiaganj sub-divisional police officer (SDPO) Aman Kumar confirmed to The Telegraph. "If we get to know about any illegal thing, search warrants are not mandatory. The culprits could escape by the time we get the search warrants."

 

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man said nothing unlawful was recovered by the joint team of police and excise officials, which raided Vinay's house during the wee hours on Tuesday. "Investigations are going on in the case and any decision on arresting the MLA will be taken on the basis of evidence with us," the SDPO added.

The legislator is traceless with his cellphones switched off, while a battery of lawyers he has hired is gearing up to move a bail petition in the lower courts at Patna and Narkatiaganj, where the FIRs have been registered.

"Vinay Verma is a teetotaller and has denied saying any of the things shown by the television channels," said advocate Satyavrat Verma. "The journalists took a 20-minute interview but played just around a minute of excerpts, which showed something else. We are waiting for the copies of the FIRs against him, and will move lower courts requesting bail for him when we get them

"There is no proof that Vinay provided any liquor to anybody," the advocate added. "The authenticity of the video shown on the TV channels has not been probed. Yet FIRs have been lodged against him. These are draconian measures."

The sting was first shown on India Today, followed by Aaj Tak. It purportedly showed the MLA claiming in a Patna hotel room that he could provide liquor to his guests at Patna or Narkatiaganj. He also purportedly claimed that various brands of foreign liquor were available at his native place. The Telegraph has not independently verified the veracity of the footage.

Claiming that whatever has happened has been a publicity gimmick on the part of the state government and the excise department, Satyavrat asked why no case had been lodged against the journalists who were seeking alcohol in the video.

"Seeking or demanding liquor in a dry state is an offence," the advocate added. "The government should have registered cases against the journalists. Once Vinay is free, we will register defamation suits against the TV channels and journalists concerned."

The lawyer also said that sections 47(a) and 53(b) of the Bihar Excise (Amendment) Act, 2016, which have been invoked in the FIRs on the MLA, do not apply on him as no liquor was recovered from either him or his residence, nor was it consumed at any place.

Section 47(a) applies on a person who manufactures, possesses, sells, distributes, bottles, imports, exports, transports or removes any intoxicant. Section 53(b) is imposed on people who consume liquor in a public place or an unauthorised place or an authorised place and create nuisance.

The sections entail imprisonment for at least 10 years, which could be extended to life imprisonment, as well as a fine of Rs 1 lakh that can go up to Rs 10 lakh.

When asked about the warrant-less raid on the legislators' residences, excise commissioner Kunwar Jung Bahadur said: "The FIRs are already there. The law will take its own course. The matter is in the police domain now and they will take suitable action. So far as search warrants are concerned, we are waiting for the full report of the raids to come."

Congress legislators have started rooting in support of Vinay.

"First, the sting operation itself should be proved to be true," said state Congress Legislature Party (CLP) leader Sadanand Singh. "Action hawa mein nahin lena chahiye (action cannot be taken in thin air). Vinay was neither drinking nor any liquor was recovered from his house. Who did the sting operation? Why and how it was done should be thoroughly probed. This is politics. There could be a conspiracy against Vinay or some enmity with him, which could have led to whatever has happened."