Aniket Singh vs State of Bihar - 2021 Supreme(Pat) 1161

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 1161

AHSANUDDIN AMANULLAH
Aniket Singh – Appellant
Versus
State of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shivendra Prasad, Advocate
For the Opposite Party : Mr. Umesh Lal Verma, APP

JUDGMENT :

The matter has been heard via video conferencing.

2. Heard Mr. Shivendra Prasad, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

3. The petitioner apprehends arrest in connection with Sherghati PS Case No. 354 of 2020 dated 28.07.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’).

4. The allegation against the petitioner is that from Hotel Welcome, which is owned by him, situated at Nai Bazar, Sherghati, 534 cans, each containing 300 ML of fruit beer containing 0.6 to 0.8 % alcohol, has been recovered.

5. Learned counsel for the petitioner submitted that first of all, the entire prosecution case is mala fide for the reason that even the chemical examination revealed that percentage of alcohol by volume varied from 0.6 to 0.8%, which is well under the limit by which any drink can be classified as alcoholic and intoxicant, for which BIS has prescribed a limit of 4%. It was submitted that though the Act does not lay down any percentage, but in the judgment of this Court in Cr. WJC No. 627 of 2017 dated 05.12

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