Niraj Singh @ Neeraj Kumar Singh vs. The State Of Bihar

Held

The Court acknowledged the serious concerns regarding the non-implementation of the Bihar Prohibition and Excise Act, 2016, in its true spirit, leading to adverse consequences such as increased smuggling, hooch tragedies, and overburdening of the judiciary. The Court noted the alleged nexus between smugglers and police officials, and the generation of e-way bills for GST goods even after the seizure of a vehicle involved in liquor smuggling. While the Court appreciated the efforts of the State counsel in bringing the issues to the government's attention and facilitating meetings with various departments, it found that the lives of citizens were at risk due to the State machinery's failure to effectively implement the Act. Consequently, the Court referred the matter to the Hon'ble Chief Justice for taking cognizance and instituting a Public Interest Litigation (PIL) for the larger public interest. The provisional bail granted to the petitioner was confirmed, and the bail application was disposed of with respect to the bail granted, while the larger public interest aspect was to be pursued through the PIL.

Facts

The petitioner, Niraj Singh @ Neeraj Kumar Singh, sought bail in a case registered under the Bihar Prohibition and Excise Act, 2016. The High Court, in its order dated 15.06.2022, had previously directed the Chief Secretary, Bihar, to submit an action taken report regarding the strict implementation of the Act and disciplinary action against erring officials. The Court noted a rising trend of liquor manufacturing and smuggling due to alleged inaction by State officials. The State submitted an action taken report prepared by a committee headed by the Chief Secretary, comprising officials from Prohibition, Excise and Registration, State Taxes, and Transport Departments. The judgment also references an incident where a container seized for liquor smuggling generated multiple e-way bills for GST goods after its seizure, indicating potential misuse of the system.

Key Issues

1. Whether the State of Bihar has taken adequate steps for the strict implementation of the Bihar Prohibition and Excise Act, 2016, and its amended provisions, to safeguard public health, life, and liberty, as mandated by Article 47 of the Constitution. 2. Whether the State's inaction or deliberate inaction of its officials has facilitated the rise in liquor smuggling and manufacturing, leading to an increase in litigation and overburdening of the judiciary. 3. Whether the existing legal framework and investigative mechanisms are sufficient to deal with organized smuggling syndicates and their alleged nexus with State officials. Petitioner's Contention: The petitioner, through his counsel, argued that considering the matter involves larger public interest and requires adjudication, the provisional bail granted to him should be confirmed. Revenue/State's Contention: The State, through its counsel, informed the Court about the action taken report submitted by a committee headed by the Chief Secretary, indicating steps being taken for the strict implementation of the Excise Act. They also highlighted that similar issues have been considered in other cases, and the matter is being seriously addressed by the State Government.