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Supreme Court of India 2019-07-01 disposed

Satvinder Singh @ Satvinder Singh Saluja & Ors vs State of Bihar

Bench: 2 — Ashok Bhushan

In Brief

The appellants, Rotary Club members, were stopped in their private vehicle en route from Jharkhand to Bihar. A breath analyzer test showed alcohol in their systems, though no liquor bottles were recovered. They were charged under Section 53(a) of the Bihar Excise (Amendment) Act, 2016 for consuming liquor in a public place. The Supreme Court held that a private vehicle on a public road falls within the definition of 'public place' as it is accessible to the public. However, the Court ruled that whether consumption actually occurred within Bihar must be determined by the trial court. The appeal was disposed by allowing the appellants to file a discharge application before the Magistrate.

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Criminal Law Excise Law Prohibition Public Place Definition Statutory Interpretation

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