Key Points: - The court quashed Guraru P.S. Case No. 100 of 2020 and all prosecutions emanating from it, noting a minor infraction in ethyl alcohol content of a non-alcoholic beverage does not offend the Act’s object and purpose. (!) (!) (!) - Alcohol content is susceptible to measurement error and there is a tolerance limit; a margin of error is inherent in testing, affecting whether the beverage is covered by prohibition. (!) (!) (!) - BIS standards (and inclusive of other central authorities like FSSAI) govern what constitutes an alcoholic beverage; regulatory standards can impact classification of beverages as intoxicants. (!) (!) (!) - The petition emphasized no coercive steps against the petitioner following seizure; court previously directed no coercive action based on nonalcoholic status. (!) (!) - Even where a charge-sheet has been submitted, quashing is permissible if the investigation or charges do not prima facie constitute an offence; referenced jurisprudence supports exercising jurisdiction to quash. (!) (!) - The case recognizes the prohibition objective is to enforce complete prohibition of liquor and intoxicants, but minor infractions in non-alcoholic beverages do not fulfill the offence. (!) (!) - The two laboratory reports showed variance; one report marginally above the limit, highlighting testing uncertainty and need for caution in prosecution. (!) (!) - The petitioner’s role as a salesperson and the product's origin and non-alcoholic certification were considered in the context of whether prosecution was warranted. (!) (!) - The decision cites that even after investigation, the court can quash if the articles are not sold as intoxicants or could not be consumed as intoxicants. (!) - The court allowed the application, quashing the FIR and all prosecutions arising therefrom. (!)

What is the scope of quashing of prosecution under Bihar Prohibition and Excise Act when samples show marginal alcohol content within tolerance limits?

What are the rights of the accused regarding coercive steps and continuing investigation after charge-sheet is submitted but not acted upon?

What is the Court's approach to tests and BIS/FSSAI standards in determining whether a beverage constitutes an intoxicant or liquor under the Act?