A former Bihar schoolteacher has been sentenced to five years in jail for possessing a liquor bottle in a case dating back to 2016, the first time the maximum punishment has been pronounced for possession for personal consumption under the state’s prohibition law and uncorking questions on whether such measures are disproportionately harsh.

A special prohibition court on Monday handed the prison term to Abhishek Kumar after trial ended in the case relating to a bottle of Indian Made Foreign Liquor (IMFL) being found in his luggage during a random check in a train.

The court of special judge Rajiv Ranjan Kumar also imposed a fine of Rs 1 lakh on Abhishek, who lost his job after his arrest.

Abhishek had boarded the train at Patna Junction on December 13, 2016, to travel to his native place in Buxar district, around 130km away. The Government Railway Police (GRP) had rummaged through his luggage and found the liquor bottle. He was arrested and jailed, but granted bail after three months. The public prosecutors produced five witnesses in the court.

Political analyst, social activist and former Patna University professor N.K. Chaudhary called the sentence harsh and disproportionate to the nature of what is considered a crime in dry Bihar.

“The government has criminalised liquor though it is not so in other states. With the law in place, the common people do not have any option but to obey it. It is a paradox that there are many serious crimes in which sentences are lighter than possessing a bottle or two of liquor,” Chaudhary told The Telegraph.

“The honourable judge could have taken a lenient view instead of handing such a harsh punishment. Maybe the person was carrying a bottle of liquor because of addiction. Shouldn’t the court have considered it? It’s time either the government or the judiciary reviews the entire prohibition law,” he added.

Chief minister Nitish Kumar’s government imposed a total ban on liquor in April 2016 by bringing the Bihar Prohibition and Excise Act, which has been assailed by various sections of the society as a draconian law.

A bunch of cases challenging the law is pending in the Supreme Court. Chief Justice of India N.V. Ramana and other judges have criticised the Bihar prohibition law for its “lack of foresight” that has clogged Patna High Court.

Bihar excise commissioner B. Kartikey Dhanji said: “Around 3.5 lakh cases related to the Bihar Prohibition and Excise Act are in the courts and trial has started in 1.12 lakh cases. Trials in 1,850 cases have been completed and 1,129 people have been convicted while 731 have been released.”

Dhanji added that 1,874 non-bailable warrants have been issued by courts to people who have not reported back after their bail terms ended.

Various enforcement agencies conducted around 68,000 raids in February this year, registered 8,417 cases and arrested 9,805 people. Around 3.55 lakh litres of liquor were seized along with 1,308 vehicles.

In the six years of prohibition, the liquor mafia have taken deep roots in Bihar in alleged nexus with various enforcement agencies and politicians. It has been running a widespread supply and distribution network across the state, smuggling in liquor through the porous borders with Nepal, Bengal, Jharkhand and Uttar Pradesh. Experts say that the liquor seized by the police and excise officials is just the tip of the iceberg.

Since January 2021, 150 people have died in Bihar because of alleged consumption of hooch, and around 300 have lost their lives since the prohibition law came into force, prompting the Opposition and critics to alleged that the liquor ban has failed.

A three-member delegation from Rajasthan, including a senior excise department official, met chief minister Nitish on Tuesday. The team has come to Bihar to study various aspects of prohibition and its implementation.

A media release from the chief minister’s office said the delegation would “study the successful implementation of the total ban on liquor and other intoxicants under the Bihar Prohibition and Excise Act, 2016. The chief minister has directed the officials to provide all assistance to the delegation and provide detailed information pertaining to successful implementation of total prohibition.”

Liquor Law

Stringent Bihar liquor law would be changed, the state government told the Supreme Court on Tuesday. The apex court again came down heavily on Bihar government for framing such a legislation that has led to thousands languishing in jail and clogging of the judicial system.

The top court said it is a matter of concern and remarked that the Bihar government has brought the law without any legislative impact study.16 Patna High Court judges are engaged in dealing with the bail applications of the accused booked under the stringent law.