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PATNA: The Bihar prohibition and excise department on Sunday organised a training programme for special public prosecutors (PPs), additional PPs, PPs and advocates associated with the department in association with the Panchayati Raj Chair of the Chanakya National Law University in Patna on Sunday.
The training programme, attended by a large number of PPs of various ranks and lawyers, comes in the wake of the flak over rising pendency of court cases due to prohibition-related matters and poor conviction rate. At a recent meeting, the department had expressed concern over a poor conviction rate of just 4.7% and growing pendency of cases.
The day-long session comprised presentation on salient features of the Bihar Prohibition and Excise Act, 2016, with special emphasis on framing of charges, speedy trial with a view to procure maximum conviction, case management and prosecution management and other aspects. Dean, NLU, SP Singh outlined the objective of training at the outset, while Justice (retd) Mridula Mishra, who is also the CNLU VC, in her presidential address stressed the need for coordinated approach to present the facts before the court. “Advocates and prosecutors should go well prepared so that on the basis of clinching evidence, punishment could be awarded to accused,” she added.
Retired district judges Harishchandra Singh, who is also a faculty member at the Bihar Judicial Academy, Om Prakash and deputy director (prohibition cell), Bica (Hajipur) conducted the sessions and identified the reasons behind low conviction and delay and underlined the need for speedy trial so that it could work as a deterrent for the wrong doers.
The move is significant as Supreme Court had last month dismissed a batch of 40 appeals from the Bihar government, challenging grant of anticipatory and regular bails to accused under the Bihar prohibition and excise Act, 2016, and refused to interfere with the HC orders.
“We find the accused were charged with the offence which relates to Bihar Prohibition and Excise Act, 2016 and in most of the cases the impugned orders passed by the HC by which the bail was granted to them are of the years 2017/2018. There is no specific complaint of violation of the condition. To achieve the object of the Act, the prosecution of the case should be made in all earnestness to secure conviction and punishment,” the order said.
Between 2018 and 2021 (up to May 31) the cumulative figure of excise cases in the Patna high court stood at 57159, which includes 32909 for regular bail, 23495 for anticipatory bail and 314 for quashing, besides others. The numbers have further gone up due to disruptions caused by the pandemic and vacancies in the court.
The Patna HC statistics also point to unabated addition of excise cases, mostly related to bail, in dry Bihar. In the last three and half years since 2018, percentage of excise cases out of total institution of civil and criminal cases before the HC comes to around 19%, according to figures of the Patna HC. During the pandemic year 2020, when the courts had restricted functioning and fewer number of cases, the share of excise cases rose to 21.75%. Overall pendency has also risen due to pandemic disruptions. The impact on the subordinate courts is more, with the share of excise cases out of the total number of cases instituted around 25%, say the official court figures.
At a function at Amravati last year, the CJI cited the prohibition law as an example of “lack of foresight” in drafting legislation, which leads to mounting court cases and backlogs in courts.
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