The Content of this judgement is written by Jatin Vats. He is a Content Writing Intern at Legal Thirst.
Satvinder Singh Vs. State of Bihar
Facts of the Case:
- This appeal has been filed against the order of The High Court of Bihar under section 482 c.r.p.c. for setting aside the order passed by the Judicial Magistrate in case no.316 of 2016, fact in the issue of which was an offence punishable under section 53(a) of the Bihar Excise (Amendment) Act, 2016.
- First Information Report was lodged and on which Excise case no.316 of 2016 was registered. The Chief Judicial Magistrate, Nawada by order dated 30/06/2016 took cognizance of the offence on which an appeal has been filed in the High Court of Bihar which has been dismissed aggrieved by which this appeal has been filed.
- Learned Counsels for the appellants argued that no offence has been committed under section 53(a) of The Bihar Excise (Amendment) Act, 2016 and The chief Judicial Magistrate has committed an error while taking the cognizance of the offence.
- It was submitted that Appellants were traveling in their private vehicle and that vehicle can not be determined a public place under the denotation of section 2(17a) of Bihar Excise (amendment) act, 2016 also further required ingredients of section 53(a) were also not satisfied.
- The First submission raised by the appellants was that even if they were found intoxicated in their private vehicle it can not be said a public place and hence section 53(a) is not attracted.
- On deep scrutiny, court concluded that section 2(17a) of the act covers any private vehicle and hence the said offence as committed.
The Court disposed of this appeal by providing that the appellants are free to file an application before a magistrate who furtherly decides on the said application by taking into consideration all the material facts, in accordance with the law.
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