PRASHANT PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr. P.C. for quashing the order dated 16.5.2016 passed by J.M. 1st Class, Nalanda at Biharsharif in case no 108 C3 Excise Act/16/Trial no. 2023/16 by which learned Magistrate has taken cognizance against the petitioner for the offence under Section 47(A) of the Excise Act.

(2.) Learned counsel for the petitioner has submitted that he is owner of the Mirchi Restaurant -cum-Bar at Kargil Chowk, Biharsharif.He was holding a valid licence for restaurant-cum-Bar for the financial period up to 2016-17. The licence was duly renewed by the order of the District Magistrate Nalanda by order dated 4.16. The licence of Restaurant-cum-Bar of the petitioner has been annexed as Annexure 3 and 3/1. The raid was conducted on 5.4.2016 and several bottles of foreign Liquor ( Indian made) as shown in the seizure list were recovered from the Restaurant -cum-Bar of the petitioner, in spite of total ban having been imposed in the State of Bihar 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.

(3.) Learned counsel for the petitioner has submitted that aforesaid Bihar Excise Amendment Act, 2016 was notified on 5.4.2016 in the Bihar Gazette (Extraordinary) no. 274. The petitioner was not even informed on 5.4.2016 about the gazette notification of the aforesaid Bihar Excise Amendment Act, 2016. Similarly, there was no any intimation to the petitioner that his licence for Restaurant -cum-Bar was cancelled after the amendment of the aforesaid Act. The petitioner being the bonafide owner of the Restaurant -cum-Bar having valid licence was keeping those foreign liquor ( Indian made) in his Restaurant -cum-Bar. There is no any allegation in the entire prosecution report that anybody was found consuming the liquor inside the Restaurant -cum-Bar when the raid was conducted. There is no ban in Bihar Excise (Amendment Act) 2016, with regard to storage of Foreign liquor.