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Supreme Court dismisses petition seeking SIT probe

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Supreme Court dismisses petition seeking SIT probe

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The Supreme Court refused to entertain a PIL seeking the structure of a Special Investigation Team (SIT) to probe into the Hooch tragedy in Bihar, within the matter of Aryavarta Mahasabha Foundation v. UoI and Anr, and requested the petitioner to strategy the Patna High Court for a similar. The petition was filed by the Bihar-based Aryavarta Mahasabha Foundation (NGO) by means of Advocate Pavan Prakash Pathak, seeking conception of a nationwide motion plan to limit the manufacture, commerce, and sale of illicit liquor.

The petition additionally sought pointers to the state authorities to appropriately compensate the affected households. The Bench was presided over by Chief Justice DY Chandrachud and Justice PS Narasimha.

The bench said that it’s allowing the NGO to strategy the High Court for reliefs which have been sought, and disposed of the petition. “Whatever reliefs you have sought like -SIT probe into the incident, national plan for curbing manufacture and trade of illicit liquor and compensation to the victims – can all be dealt with by the High Court. The High Courts concerned are well versed with the local situations. They have wider power under Article 226 of the Constitution”, the Supreme Court bench mentioned.

The petition claimed that as 40 folks had misplaced their lives on account of consuming spurious liquor, whereas others had been hospitalised and there was no official report on the mishap. Advocate Dhawal Uniyal, counsel showing for the petitioner, submitted that such incidents occur steadily in different states as properly, Uttarakhand and Uttar Pradesh, Rajasthan and Punjab, to call a number of.

Although the prohibition of alcohol use is inspired within the Constitution of India (Article 47, PSP), alcohol coverage is solely a state topic. Respective state governments have a monopoly over the liquor market in India – States have full management of regulating alcohol-related excise charges, manufacturing, distribution and sale of alcohol. Following a pointy rise in Bihar’s hooch tragedy, the sale and consumption of alcohol have been prohibited in Bihar in 2016. The Bihar Prohibition and Excise Act was handed in 2016 “to enforce, implement and promote complete prohibition of liquor and intoxicants in the territory of the state of Bihar.”

However, Bihar continues to witness liquor gross sales on the black market and deaths owing to the consumption of regionally made spurious liquor. The petition added that from 2018 to 2020, over 45,000 FIRs have been registered beneath the Act yearly.

A current detailed report launched by the Lok Sabha on July 19, 2022, enumerated the highest states which have reported most deaths on account of Hooch tragedies between 2016 and 2020 – Bihar (reported greater than 21 deaths), Chhattisgarh (reported 505 deaths), Madhya Pradesh (recorded over 1,200 deaths with the utmost variety of deaths reported in 2018), Karnataka (logged a complete of 909 deaths) and Punjab (reported 725 deaths). According to the information, over 6,000 deaths have been reported between 2016 and 2020 as a result of consumption of spurious liquor with the bottom variety of deaths in 2020 at 947.

Hooch is an illicitly brewed alcohol. The phrase “hooch” arised from the Hoochinoo Indians of Alaska, a small tribal group in southern Alaska. Under unrestrained circumstances, the specified ethanol might be produced together with methanol or methyl alcohol. Illicit brewers generally add industrial methyl alcohol or denatured spirit (a mix of ethanol and methanol) to chop bills and with the mistaken concept that doing so will improve efficiency.

“Hooch is a kind of liquor which is cheap, brewed in small unregulated shanties and does not attract excise tax. This inferior quality drink is usually made after mixing chemicals with water, which is then consumed by people,” the petition elaborated.



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