S.K.JHA, M.P.VARMA
Shivjee Prasad – Appellant
Versus
State of Bihar – Respondent
S.K. Jha, J.
1. These cases involve an enquiry into the validity of the State Government notification no. S.O. 566 dated 27th of March, 1979 published in the Bihar Gazette Extraordinary of the same date. The notification in question has been purported to be issued in exercise of the powers conferred on the Government by Sub-section (4) of Section 19 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) hereinafter to be referred to as the 1915 Act. By this notification, "the Governor of Bihar is pleased to prohibit throughout the State of Bihar the possession and/or consumption of any intoxicant other than Bhang and Tari by any person except a person specially authorised in this behalf or a holder of a licence, pass or permit duly granted in this behalf". The notification has been made effective from the 1st of April, 1979. There are two provisos to this provision in the notification to which reference may have to be made at an appropriate place. Suffice it to say that generally speaking by the impugned notification a complete prohibition on the possession and/or consumption of Intoxicating liquors--both country and foreign--has been imposed. The petit
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