Drinking liquor in the private vehicle is also an offence

Barathkumar K M | Sastra Deemed to be University Thanjavur | 9th July 2020

Satvinder Singh Vs The State of Bihar

Facts:

While the appellant was travelling in a vehicle, his vehicle was stopped at the check post and checked by the police. Neither incriminating nor any liquor was found in the vehicle. During the breath analysis, a certain amount of alcohol was found. He was arrested and kept in custody for two days. A charge sheet was filed under the sec. 53(a) of the Bihar Prohibition and Excise Act. The appellant approached the High Court to acquit him from the charge sheet but the High Court held that the appellant was liable for the offence. The present appeal has been filed by the appellant to challenge the order of the High Court. 

Issue:

• Whether drinking in the private car is an offence under the Bihar Prohibition and Excise Act

Legal Provision:

• Sec. 53(a) of the Bihar Prohibition and Excise Act

Appellant’s Contention:

The appellant contended that drinking liquor while travelling in the private car cannot be treated as a public place and hence sec. 53(a) of the Bihar Prohibition and Excise Act is not applicable. The definition of the ‘public place’ as contained in sec. 2(17A) of the Bihar Prohibition and Excise Act doesn’t include any transport. But a charge sheet was filed against the appellant under Sec. 53(a). 

Respondent’s contention:

The respondent contended that drinking liquor at any place is an offence under the sec. 37 of the Bihar Prohibition and Excise Act. Thus the appellant was liable for his action.

Observation:

It was observed that even though the definition of the public place contained in sec. 2(17A) didn’t include the private vehicle, drinking liquor at any place is an offence under sec. 7 of the Bihar Prohibition and Excise Act. Thus the appellant was liable under the sec. 53(a) of the Bihar Prohibition and Excise Act.

Judgment:

The Hon’ble Supreme Court held that under sec. 37 of the Bihar Prohibition and Excise Act, it was clearly stated that drinking liquor at any place is an offence. Hence, the appellant was liable for the offence. Further, the Hon’ble Supreme Court dismissed the appeal and confirmed the High Court’s order.