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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 Supreme Court addressed whether a private vehicle can constitute a 'public place' for liquor prohibition offences under Bihar law. Appellants were stopped while driving their private vehicle and found intoxicated via breath analyser test, though no liquor was physically recovered. The Court held that a private vehicle on a public road falls within the definition of 'public place' because statutory definitions include 'vehicle' and public have 'access' to vehicles on roads. However, the Court found that consumption must occur within Bihar to constitute an offence, and this is a triable issue. The appeal was disposed by allowing appellants to file a discharge application before the Magistrate, who must decide based on the materials on record.

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Criminal Procedure Excise Law Alcohol Prohibition Public Place Definition Statutory Interpretation

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