Satyavrat Verma, J. – Heard Ms. Sushmita Sharma learned counsel for the petitioners and learned A.P.P. for the State.

2. I.A. No. 01 of 2023 has been filed for deletion of the name of petitioner no. 1 from the array of party in Cr. Misc. No. 67708 of 2019 as the petitioner no. 1, during pendency of this application, left for his heavenly abode.

3. The name of the petitioner no. 1 is deleted from the array of party in Cr. Misc. No. 67708 of 2019.

4. Accordingly, I.A. No. 01 of 2023 stands allowed.

5. The present application has been filed for quashing of the order dated 01.04.2017 passed by the learned Additional Sessions Judge-V-cum-Special Judge, Gaya in Sessions Trial No. 01 of 2017 arising out of Rampur P.S. Case No. 131 of 2016 whereby charges have been framed against the petitioner under Sections 47(a), 48, 53(c), 54 and 63 of the Bihar Excise Act, 1915 as amended by the Bihar Excise (Amendment) Act, 2016.

6. Learned counsel for the petitioner, at the outset, submits that she is aware of her limitation in arguing this matter. It is further submitted that though charges have been framed, trial has commenced and is on the verge of conclusion but still this Court can interfere in the matter in the event if the Court comes to a conclusion that allowing the criminal proceeding to continue would be an abuse of the process of the Court.

7. Learned counsel for the petitioner further submits that before making submission on the merits of the case, it would be pertinent to bring on the record certain facts which have important bearing on the adjudication of the present case.

8. Learned counsel for the petitioner next submits that the State of Bihar on 31.03.2016 in terms of its new excise policy, imposed an absolute ban on the manufacture, bottling, distribution, sale, purchase, possession and consumption of country-liquor by any person. It is submitted that the notification dated 31.03.2016 (Annexure-1 to this application) was confined to country liquor only. It is further submitted that on 31.03.2016 itself the opposite party passed the Bihar Excise (Amendment) Act, 2016 (Annexure- 2 to this application) amending Sections 47, 48, 53, 54 and 63 of the Bihar Excise Act, 1915 providing severe punishment for committing offences under the Act and even the accused were presumed guilty unless he proves to the contrary i.e. the onus to prove innocence was on the accused. It is next submitted that amended Section 47 of the Bihar Excise Act, 2015 (hereinafter referred to as ‘the Act, 2015’) enhanced the existing punishment for committing an offence of unlawful import, export, transport, manufacture, possession, sale etc. of an intoxicant for a maximum period of three years to life imprisonment and fine up to Rs.10 lakh. Similarly, amended Section 48 of the Act, 2015 provided that it shall be presumed, until the contrary is proved, that the accused person has committed the offence, for the possession of which he is unable to account for satisfactorily. Further, amended Section 53 of the Act, 2015 provided for punishment of imprisonment for life and with fine which may extend to Rs.10 lakh for committing offence under Section 53(c) of the Act, 2015 where the allegation is of consumption in a public place, permitting drunkenness or allowing assembly of unsocial element in the premises or on the premises of liquor establishment. Further, amended Section 54 of the Act, 2015 enhanced the punishment for unlawful possession of an intoxicant from three years to ten years and fine up to Rs.10 lakh. Similarly, Section 63 substituted in the amended Act provided punishment in the same manner to a licensee under the Act who knowingly permits it to be used for commission by any other person of an offence punishable under the provisions of the Act.

9. Learned counsel for the petitioner further submits that all of a sudden, on 05.04.2016, the opposite party declared its New Excise Policy, imposing ban on the wholesale and retail trade and on consumption of foreign