New Delhi/Patna: The Supreme Court’s observation that complete prohibition can drive the liquor trade underground has sparked fresh questions over Bihar’s prohibition policy, years after the state imposed a ban on the sale and consumption of alcohol.
The observation came during a hearing concerning deaths caused by spurious liquor. A bench of Justices J B Pardiwala and K Vinod Chandran pointed to what it described as five “evils” associated with prohibition — loss of revenue, expenditure on enforcement, corruption in the police, illegal distilling and the resulting drug menace.
Court Links Prohibition To Underground Trade
While discussing the effectiveness of prohibition, the Supreme Court referred to hooch tragedies in Gujarat and other states over the years.
The court observed:
“History bears eloquent testimony to the fact that complete alcohol ban often drives the liquor trade underground, increasing the prevalence of unregulated, lethal brews.”
The observations were made while the court quashed Rules 18A and 18B of the Maharashtra Poisons Rules, which restricted the purchase of methanol and required bitterant and colourant to be added before it was sold to non-drug manufacturers.
The rules had been framed after 93 people died in Mumbai in 1991 from spurious liquor containing methanol.
The bench allowed a plea filed by various chemical manufacturing companies, including the Indian Chemical Council, while also examining the broader implications of prohibition.
Hooch Tragedies Highlighted
The court referred to recent hooch tragedies in Bhavnagar, Gujarat, and Sagar, Madhya Pradesh, which claimed 13 and 15 lives respectively.
It said such incidents were a reminder for authorities to take action against the circulation of dangerous illicit liquor.
The court’s remarks have renewed attention on the difficulties associated with enforcing a complete alcohol ban, particularly where illicit production and distribution networks continue to operate.
Bihar’s Prohibition Challenge
Bihar has a complete ban on the sale and consumption of alcohol. Licensed liquor sales are prohibited and violations are dealt with under the state’s prohibition laws.
Despite the ban, incidents involving illicit liquor, alleged smuggling and toxic alcohol continue to surface periodically.
The Supreme Court’s observation has therefore raised questions about how illicit liquor networks operate despite the prohibition regime.
The challenge extends beyond identifying and arresting those selling liquor. It also involves tackling the wider network involved in production, supply of chemicals, transportation and distribution.
Border Surveillance A Key Challenge
The movement of liquor from other states is another challenge for enforcement agencies in Bihar.
The Supreme Court, in its suggestions, emphasised the importance of strict surveillance at state borders, noting that alcohol can be manufactured in one state and transported to another.
For Bihar, where legal liquor sales are prohibited, preventing the entry and movement of alcohol from neighbouring states remains an important part of enforcing the prohibition regime.
The court’s observations have consequently brought renewed focus on whether enforcement can effectively prevent the underground production, transportation and distribution of liquor under a complete prohibition system.
