The petitioner challenged criminal proceedings for possession of foreign liquor. Relying on Section 19(4), the court held that mere possession was not an offence without a specific notification. The proceedings were quashed.
The impugned order and the criminal proceeding against the petitioner are hereby quashed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 33674 of 2016
Arising out of P.S. Case No. - 41 Year - 2016 Thana - SARAN GRP CASE District - SARAN
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Radhe Raman Sharma, S/o Bankatesh Sharma, Resident of Village Pahleja, P.S. Mehandiya, District Arwal
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party =========================================================== Appearance : For the Petitioner : Mr. Sandeep Kumar, Advocate For the Opposite Party : Mr. Sunil Kumar Pandey, A.P.P.
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 22-02-2017
The petitioner is an accused, in connection with Sonepur (Hajipur) Rail Police Station Case No. 41 of 2016 (Tr. No. 2792 of 2016) registered under Section 47 of the Bihar Excise Act, 2016, on the statement of Mr. Sanjay Kumar Singh, Police Sub-Inspector, Hajipur Rail Police.
Patna High Court Cr.Misc. No.33674 of 2016 dt.22-02-2017
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Ram Sumir Sharma Vs. The State of Bihar & Ors. (not reported) vide order dated 26.05.2016 passed in Cr.W.J.C. No. 533 of 2016. In Ram Sumir Sharma aforesaid vide Annexure-3, this Court has observed as follows:-
“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.
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 offence under the Act.”
factual position as well as the legal position of this case.
(Birendra Kumar, J)
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1 issue framed by the court
Whether the criminal proceeding for possession of foreign liquor is sustainable in law in the absence of a specific prohibition notification.
Colour shows how this judgement treated each authority
Ram Sumir Sharma Vs. The State of Bihar & Ors.Referred¶14
Cr.W.J.C. No. 533 of 2016
1 provisions across 1 enactments
Radhe Raman Sharma
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
