A significant ruling by the Supreme Court on the interpretation of ‘Public Place’ under the Bihar Excise Act has been made. The case involves a dispute regarding the prohibition laws in Bihar, with the State of Bihar and the appellants presenting opposing arguments. Stay tuned to learn more about the implications of this judgment and its impact on enforcement of liquor consumption laws in public spaces.
Facts
- The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar to attend a meeting of Rotary Club on 25.06.2016.
- Their vehicle was stopped and searched in Rajauli, Nawada.
- No excise article was recovered during the search of the vehicle, but the appellants were subjected to a breath analyser test.
- Alcohol was found on the appellants but not on the driver and two other persons in the vehicle.
- The Chief Judicial Magistrate took cognizance of the offence under Section 53(a) of the Bihar Excise (Amendment) Act, 2016, which the appellants claim was an error.
- Leave has been granted for further proceedings on the appeal against the High Court’s order.
- Notification dated 05.04.2016 imposing prohibition under Section 19(4) of Bihar Excise (Amendment) Act, 2016 was challenged.
- Division Bench of the Patna High Court set aside the notification dated 05.04.2016 in Confederation of India Alcoholic Beverage Companies & Anr. vs Manoj Kumar & Ors., 2016(4) PLJR 369.
- Judgment of the High Court was stayed by this Court in SLP(C)No. 29749-29763 of 2016, State of Bihar and ors. etc. vs. Confederation of Indian Alcoholic Beverage Companies and Anr. etc., restoring the legal position as existed after Bihar Excise(Amendment) Act, 2016.
- Appellants had made a submission regarding the competence of Chief Judicial Magistrate to take cognizance, which was rejected.
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Arguments
- Learned counsel for the State of Bihar refutes the submission of the appellants stating that prohibition is imposed in Bihar under Section 19(4) of the Bihar Excise (Amendment) Act, 2016.
- The State argues that the interception of the vehicle on a public road justifies treating the violation of prohibition as an offence.
- Section 53(a) of the Bihar Excise (Amendment) Act, 2016 is deemed to be satisfied by the State, while the requirement of liquor consumption in a public place is contested.
- Definition of ‘public place’ as per Section 2(54) of Bihar Prohibition and Excise Act, 2016 includes private vehicles, contradicting the appellants’ argument.
- A cited case from the Kerala High Court underlines the absence of an offence related to the consumption of liquor under the Bihar Excise (Amendment) Act, 2016.
- The State argues that the appellants’ vehicle cannot be considered a public place under the Act while highlighting the absence of liquor bottles or incriminating evidence during the search.
- The State contends that the continuous tense interpretation of the word ‘consumed’ further supports their stance on the lack of evidence proving liquor consumption.
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Analysis
- The case revolves around the interpretation of the term ‘public place’ in the Bihar Excise Act, 1915.
- The accused were found consuming liquor inside a Maruti car parked on a public road in Bihar.
- The definition of ‘place’ in the Bihar Excise Act includes ‘vehicle.’
- The State Government introduced the New Excise Policy in 2015 to enforce prohibition effectively.
- The amendment to the Bihar Excise Act in 2016 included ‘any transport, whether public or private’ in its definition, indicating a shift towards stricter regulations.
- The term ‘public place’ is defined in a way that includes places accessible to the general public, whether as a matter of right or not.
- The judgment raises the question of whether a private vehicle on a public road constitutes a ‘public place’ for the consumption of liquor.
- The distinction between public conveyance and private conveyance for prohibition purposes is highlighted.
- The argument is made that even private vehicles on public roads provide an opportunity for public access.
- The significance of the statutory amendments in expanding the scope of ‘public place’ for enforcement of liquor consumption laws is emphasized.
- Section 53 of the Bihar Excise(Amendment) Act, 2016 outlines penalties for the consumption of liquor in public places.
- The Act prohibits consumption in public places, unauthorized places, and instances where nuisance is created.
- Different penalties are specified based on the offense committed.
- Consumption of liquor in a different state cannot lead to penalties under Section 53(a) without evidence of consumption in Bihar.
- The Bihar Prohibition and Excise Act, 2016 expanded the scope of offenses under Section 37(b) to include being found drunk in Bihar after consuming liquor elsewhere.
- Notifications enforce total prohibition on foreign and country liquor.
- The Act aims to enforce complete prohibition of liquor and intoxicants in Bihar.
- Changes in definitions include broadening the scope of ‘place’ and ‘Public Place’.
- Section 37 now addresses penalties for the consumption of liquor generally in any place and penalties related to being drunk or creating nuisance.
- Whether the charge of consumption of liquor within the State of Bihar is established needs to be determined by the Magistrate based on the materials in the chargesheet.
- The appellants are allowed to file an application for discharge before the Magistrate, who will decide on it after reviewing the materials on record and in accordance with the law.
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Decision
- The appellants have the liberty to file an application for discharge before the learned Magistrate.
- The learned Magistrate will decide the application based on materials on record and in accordance with the law.
- The decision on this issue cannot be made in this appeal.
Case Title: SATVINDER SINGH @ SATVINDER SINGH SALUJA Vs. THE STATE OF BIHAR
Case Number: Crl.A. No.-000951-000951 / 2019
