Whether consumption of liquioror found in consumption position in Private Vehicle is an offence in Bihar State ?
When the word ‘consumes’ is followed by liquor, the action denoted by verb passes over from the doer to object i.e. liquor to constitute the offences within the meaning of Section 53(a). The action of consumption of liquor has to happen within the State of Bihar. A person who consumes liquor in a different State cannot be fastened with a penalty under Section 53(a) unless there is some evidence to prove that consumption of liquor by the accused has taken place in the State of Bihar.
As per Bihar Prohibition and Excise Act, 2016 another
category of offences which has been included in Section
37 is Section 37 subsection (b) which “is found drunk
or in a state of drunkenness at any place; or”, thus,
as per Bihar Prohibition and Excise Act, 2016 even a
person consumes liquor outside the State of Bihar and
enter into the territory of Bihar and is found drunk or
in a state of drunkenness, he can be charged with
offences under Section 37(b). But no offence as now
contemplated by Section 37(b) was provided for in
Bihar Excise (Amendment) Act, 2016, thus, the
consumption of liquor has to be in the State of Bihar.
Whether charge that consumption of
liquor has taken place within the State of Bihar is
made out in the facts of the present case are questions
which need to be decided by the learned Magistrate
after looking into the materials brought on record by
means of the chargesheet.
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.951 OF 2019 (Arising out of SLP(Criminal) No.4994 of 2018) SATVINDER SINGH @ SATVINDER SINGH SALUJA & ORS. … APPELLANT(S) VERSUS THE STATE OF BIHAR … RESPONDENT(S)