Patna High Court - Orders
Ram Sumir Sharma vs The State Of Bihar Through The Chief ... on 26 May, 2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.533 of 2016
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1. Ram Sumir Sharma Son of Late Chandrika Sharma Resident of Village -
Balhma, P.S. - Daudnagar, District - Aurangabad, At present resident of
Mohalla - Sri Krishna Nagar, Ahri, Chandralok Bhawan, P.S. - Aurangabad
Town, District - Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar,
Patna.
2. The Director General of Police, Bihar, Patna.
3. The Inspector General of Police, Magadh Range, Gaya.
4. The District Magistrate, Aurangabad.
5. The Superintendent of Police, Aurangabad.
6. The Circle Officer-cum-Executive Magistrate, Sadar, Aurangabad.
7. The Excise Inspector, Daudnagar, Aurangabad.
8. The Inspector of Police-cum-Incharge of Town Police Station,
Aurangabad.
9. The I.O.-cum-Sub Inspector of Police, Aurangabad Town Police Station,
Aurangabad.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Adv.
Mr. Santosh Kumar Pandey, Adv.
Mr. Rakesh Kumar Sharma, Adv.
For the Respondent/s : Mr. Pushkar Narain Shahi- AAG10
Mr. Dhirendra Kumar, AC to AAG-10
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
ORAL ORDER
2 26-05-2016Heard Mr. Ramakant Sharma, learned Counsel, appearing on behalf of the petitioner, and Mr. Dhirendra Kumar, learned Assistant Counsel to Additional Advocate General No.10, appearing on behalf of the State respondents.
In exercise of its power, conferred by Section-19(4) of the Bihar Excise Act, 1915 (as amended upto Act 3 of 2016), the notification No.11/ Nai Utpad Niti-01-03/2016-1485, Patna High Court Cr. WJC No.533 of 2016 (2) dt.26-05-2016 2/3 published by the Government reads as follows:
"In exercise of the powers conferred under Section- 19(4) of the Bihar Excise Act, 1915 (as amended by Bihar Excise (Amendment) Act, 2016), the State Government hereby imposes ban on wholesale or retail trade and consumption of foreign liquor by any licence holder or any person in the whole of the State of Bihar with immediate effect."
From a bare reading of the above notification, what becomes prima facie evident, unless shown otherwise, is that possession simpliciter of foreign liquor has not been banned by the State Government.
Accusation in the present case, as reflected by the First Information Report, is that the nephew of the present petitioner, namely, Nilesh Kumar, has been found in possession of foreign liquor. The First Information Report, which has given rise to Aurangabad Town P.S. Case No.127 of 2016, makes no allegation that the said seized liquor was meant for sale.
A minute reading of the provisions of Section 19(4) makes it clear that by way of the said notification, issued in exercise of its power under Sub-section (4) of Section 19, the State Government has not prohibited possession of liquor by anyone and unless such a notification is published, possession of foreign liquor would not become an offence punishable under the Act. Patna High Court Cr. WJC No.533 of 2016 (2) dt.26-05-2016 3/3
In other words, having regard to the notification, published on 05.04.2016, it is not possible to hold, albeit tentatively, that mere possession of foreign liquor can be treated as an offence under the Act.
In the facts and circumstances indicated above, this Court is of the view that no offence having been prima facie shown to have been committed in the present case, the question of sealing the house of the petitioner and/or proceeding for confiscation thereof is without jurisdiction.
Situated thus, it is hereby directed that the seal, which has been put on the house of the petitioner, be removed forthwith by the respondents and the petitioner be allowed to live with his family in the house in question until returnable date.
On the request made on behalf of the petitioner, this case is directed to be listed, on 20.06.2016, under the present heading.
(I.A. Ansari, ACJ) K.C.jha/-
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