SATVINDER SINGH @ SATVINDER SINGH SALUJA & ORS versus THE STATE OF BIHAR

Citation: [2019] 8 S.C.R. 811 · Decided: 01-07-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Disposed off

Judgment (excerpt)

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SATVINDER SINGH @ SATVINDER SINGH SALUJA & ORS.
v.
THE STATE OF BIHAR
(Criminal Appeal No. 951 of 2019)
JULY 01, 2019
[ASHOK BHUSHAN AND K. M. JOSEPH, JJ.]
Bihar Excise Act, 1915:
ss. 2(17A) and 53(a) [as inserted by Bihar Excise (Amendment)
Act, 2016] – Offence of Consumption of liquor in public place –
Cognizance taken –  Application u/s. 482 Cr.P.C. for quashing the
proceedings –  Dismissal of –  Appeal to Supreme Court – Held:
The vehicle in which the accused were travelling would come within
definition of ‘Public Place’ as defined in s. 2(17A) –  However,
whether the charge that consumption of liquor took place within
the State of Bihar, needs to be decided by the Magistrate –  The
accused shall be at liberty to file application for discharge before
the Magistrate – Bihar Prohibition and Excise Act, 2016 –  s. 37(b).
Disposing of the appeal, the Court
HELD : 1.1 Definition of ‘place’ as contained in
Section 2(17)  of Bihar Excise Act, 1915, is the inclusive definition
which specifically includes “vehicle”. When word ‘place’ includes
vehicle the words ‘public place’ have to be interpreted in the
same light. What Section 2(17A) defines is that a ‘public place’
means any place to which public have access, whether as a matter
of right or not and includes all places visited by general public
and also includes any open space. The key words are ‘any place
to which public have access’, which phrase is further qualified by
phrase “whether as a matter of right or not”.  [Para 21]
[820-A-C]
1.2  Under the Bihar Excise Act, 1915 prior to  Bihar Excise
(Amendment) Act, 2016 there was no definition of ‘public place’.
In the notification dated 29.07.1978 issued by the State of Bihar
in exercise of power under Section 19(4) word ‘public place’ was
defined.  The same definition of public place was contained in
   [2019] 8 S.C.R. 811
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SUPREME COURT REPORTS
[2019] 8 S.C.R.
subsequent notifications dated 27.03.1979 and 19.09.1980. The
State Government in the above notifications defined ‘public place’
as “any place intended for use by or accessible to the public and
shall include any public conveyance”. It is clear that private
conveyance was not included in the notification and State did not
prohibit possession and consumption of any intoxicant in a ‘private
conveyance’ under the aforesaid notifications. But the above
notifications are no more relevant after the  Bihar Excise
(Amendment) Act, 2016 which Amendment was brought in the
statute to implement the Bihar Excise Policy, 2015. The Bihar
Excise Policy, 2015 was framed by the State to implement
prohibition effectively. [Paras 23, 24] [820-F-G; 821-B-D]
1.3  The private vehicle of the appellants was intercepted
when it was on the public road. When private vehicle is passing
through a public road it cannot be accepted that public have no
access. It is true that public may not have access to private vehicle
as a matter of right but definitely public have opportunity to
approach the private vehicle while it is on the public road. Hence,
it cannot be said that vehicle in which appellants were travelling
was not covered by definition of ‘public place’ as defined in Section
2(17A) of Bihar Excise Act, 1915 as inserted by the Bihar Excise
(Amendment) Act, 2016.  [Para 22] [820-E]
1.4 The ommission of public conveyance in the definition
of Section 2(17A) brought by the  Bihar Excise (Amendment)Act,
2016 also indicates that the difference between public conveyance
and private conveyance was done away in the statutory
amendment. Therefore, it cannot be said that private conveyance
will be excluded from the definition of ‘public place’ as contained
in Section 2(17A). [Para 25] [821-D-E]
Manikandan v. State of Kerala (1999) 2 KLT 592
– referred to.
Black Law’s Dictionary – referred to.
2.  The word ‘consumes’ is a verb transitive.  When the
word ‘consumes’ is followed by liquor, the action denoted by verb
passes over from the doer to object i.e.  liquor to constitute the
offences within the meaning of Section 53(a). The action of
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consumption of liquor has to happen within the State of Bihar. A
person who consumes liquor in a different State cannot be
fastened with a penalty under Section 53(a) unless there is some
evidence to prove that consumption of liquor by the accused has
taken place in the State of Bihar. As per Bihar Prohibition and
Excise Act, 2016 even if a person consumes liquor outside the
State of Bihar and enter int

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