In a setback to the Bihar government, the Patna High Court on Friday quashed the government notification completely banning liquor in the state, saying it is ultra vires of the Constitution.
A division bench of the court comprising Chief Justice Iqbal Ahmed Ansari and Justice Navaniti Prasad Singh quashed the 5 April notification of the state government to stop consumption and sale of alcohol in the state.
The 5 April notification is ultra vires to the Constitution, hence not enforceable, the court said in its verdict.
The same bench had on 20 May reserved its order on a batch of writ petitions filed by Liquor Trade Association and many individuals challenging the liquor law in Bihar brought by Nitish Kumar government with stringent penal provisions.
The Nitish Kumar-led Grand Secular Alliance government had first banned the manufacture, trade, sale, consumption of country-made liquor since 1 April, but later imposed a blanket ban on all types of liquor including foreign liquor in the state.
(With inputs from PTI)
