Anandi Ray vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Choubey Jawahar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner apprehends arrest in connection with Excise Case No. 206 of 2020 dated 15.08.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

The allegation against the petitioner is that from beneath his gumti there is recovery of 7.875 litres of liquor.

Learned counsel for the petitioner submitted that the gumti of the petitioner was closed and the recovery is not from inside the gumti, but from outside the gumti, on which he has no control. It was submitted that the petitioner has no connection with the recovered liquor and has got clean antecedent.

Learned APP submitted that the application is not maintainable in view of bar of Section 76(2) of the Act as there is specific allegation of recovery from beneath the gumti of the petitioner and obviously it is deemed that the said area belongs to the petitioner as the gumti is only a raised area as it is easy for doing business, but from the area upon which the gumti is located, even the ground/base beneath it has to be deemed to be in the possession of the petitioner and the recovery from the same clearly constitutes an offence under the Act. Thus, it was contended that the present application is not maintainable in view of bar of Section 76(2) of the Act.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds substance in the contention of learned APP. Once there is allegation of recovery of liquor from beneath the gumti of the petitioner, prima facie, offence is made out under the Act.

Accordingly, the application stands disposed off as not maintainable.

However, in view of submission of learned counsel for the petitioner, it is observed that if the petitioner appears before the Court below and prays for bail, within four weeks from today, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.