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...over to Incharge O.P Sonbarsa.2. Trial is ended in conviction and sentence to accused appellant for the offence under section 47(a) of the Bihar Excise Act.3...under section 47(a) of the Bihar Excise Act. Appellant has been convicted for the offence under section 47(a) of Bihar Excise Act but not for ...offence under section 20(b)(i) of N.D.P.S Act, validity of conviction and sentence awarded for the offence under section 47(a) of Bihar Excise Act is...
...under Section 47(a) of the Bihar Excise Act, 1915.
Briefly stated, the facts of the case is that on confidential information received by the informant-Kumar Dhananjay...
materials available on record, the court below took cognizance of the offence under Section 47(a) of the Bihar Excise Act, vide its order dated 09.01.2013 against the...accused-petitioners. The petitioners have challenged the said order dated 09.01.2013 taking cognizance against the petitioners for the offence punishable under Section 47(a) of the Bihar Excise Act, 1915...
...section 47(a) of Bihar Excise Act whereby and whereunder the discharge petition of petitioners dated 24.8.2004 has been rejected.2. It is submitted by learned counsel for the...petitioners that as per section 96 of the Bihar Excise Act it is incumbent upon the magistrate to take cognizance of the offence within six months from the date of detection...the same has been passed beyond the period of limitation as stipulated under section 96 of the Bihar Excise Act. Accordingly, it is submitted that the entire prosecution is...
..., Nawada in Rajauli Excise Case No.316 of 2016 by which he has taken cognizance of the offence punishable under Section 53(a) of the Bihar Excise (Amendment) Act,
...Bihar Excise (Amendment) Act, 2016. The Chief Judicial Magistrate committed an error in taking cognizance of the offence. It is submitted that the appellants were travelling in their vehicle from...Bihar Excise (Amendment) Act, 2016.
4
Further, ingredient of Section 53(a) regarding consumption of liquor in a public place...
...the Bihar Excise Act was taken against the petitioners. The facts in brief are that on 19.7.2003, the Police on secret information that the illegal sale of country liquor was being made...charge-sheet was submitted.4. Learned Chief Judicial Magistrate, by impugned Order dated 30.1.2003 took cognizance of the offence under Section 47(A) of the Bihar Excise Act against...under Section 47(A) of the Bihar Excise Act. In this view of the discussions and findings above, I hold that the prosecution of the petitioner as well as the cognizance...
.... BR33GA0165 Goods Carrier Bolero Pickup (Mahendra) which has been seized in connection with Comp. Case No. 389c2/2019 for the offence Section 30(a) of Bihar Excise Act. The vehicle belongs to this petitioner.... The Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the Act) prohibits the manufacture, storage, distribution, transportation, possession, sale, purchase and consumption of any...confiscation of the property, the petitioner shall positively file the appeal within the statutory period as envisaged under Section 92 of the Bihar Prohibition and Excise Act, 2016 and the appellate...
...facts are taken from the preamble to the impugned Amendment Act being Bihar Act 9 of 1995.)4. On 15-12-1989, a meeting was held between the Excise Officers of the State and the...Government and its officials for disobedience to the judgment of the High Court. The Governor of Bihar then came forward with an ordinance amending the Bihar Excise Act seeking to provide statutory basis to...as fixation by the legislature itself. It is stated that one after the other, ordinances were issued to the same effect, until the enactment of the Bihar Excise (Amendment and Validating) Act, 1995...
...SPIRIT purchased by the petitioner as wholesale licensee for the purpose of retail sale under the relevant provisions of the Bihar Excise Act, 1915 including Rs. 30,000/- (Rs. Thirty Thousand only...Bihar Excise Act, 1915 under the relevant provisions of Bihar Excise (Amendment Act), 2016 and the same may be duly compensated in terms of the money.3. Though the counter affida...
...paid IMFL and Beer to wholesale licencee) as prescribed under the Bihar Excise Act for the financial year 2003-2004.3. Further prayer has been made to direct the Dy. Commissioner...‘Kingfisher’ Kalyani Black Label Beer etc. The Company was holding licence in form 19-C under the Bihar Excise Act. It is being renewed from year to year on payment of licence fee as prescribed under the...Bihar Excise Act.5. On 7.3.2003 the petitioner-Company applied for renewal of the licence under the aforesaid Form 19-C after payment of renewal fees. The petitioner-Company was asked...
...Section 47(A) of the Excise Act. The basic ground on which the instant application has been filed, is that the impugned Order of cognizance is agains...more than one and half years and yet, the learned, Court below has proceeded to take cognizance ignoring the fact that Section 96 of the (Bihar) Excise Act, 1915 imposes a...was not passed within the period of six months from the date of offence.4. Section 96 of the (Bihar) Excise Act, 1915 refers to limitation for filing suits...
...for grant of regular bail arises out of Sonpur (Hajipur) Rail P.S Case No. 35/2016, disclosing offences under section 57 of the Bihar Excise Act.3. The...section 19(4) of the Bihar Excise Act, 1915, have imposed ban on ‘wholesale or retail trade and consumption of foreign liquor by any license holder or any person in the whole of..., accordingly, submitted that no offence under section 57 of the Bihar Excise Act is made out.5. Learned counsel appears to be right in his submission. It does...
...registration no. JH-01P/6776 which was seized in connection with G.O. Case No. 288 of 2016 registered under Sections 47(a) and 68A(d) of the Bihar Excise Amendment Act. It...Case No. 286(O) of 2016 registered under Section 47(a) and 53(b) of the Bihar Excise (Amendment) Act, 2016, which has been sent to the learned District Magistrate-cum...question before the authority concerned as and when required during the proceedings under the Bihar Excise Act. List this case after the decision in L.P.A. No. 1647 of 2015...
...trial under section 47(a) of the Bihar Excise Act. By judgment dated 10thFebruary 2012, the petitioner has been convicted and sentenced to RI for one year with fine of Rs.1000/- for the...convicted for the possession of intoxicant/liquor as defined under Bihar Excise Act, 1915 and
(ii) without establishing that possession of a particular quantity of...intoxicant/liquor is prohibited by a Government notification as required under sub-section (12a) to section 2 of the Bihar Excise Act, 1915 the accused cannot be convicted...
...General No. 10, appearing on behalf of the State respondents.2. In exercise of its power, conferred by Section-19(4) of the Bihar Excise Act, 1915 (as amended upto Act 3...Section- 19(4) of the Bihar Excise Act, 1915 (as amended by Bihar Excise (Amendment) Act, 2016), the State Government hereby imposes ban on wholesale or retail trade and...liquor by any licence holder or any person in the whole of the State of Bihar with immediate effect.”3. From a bare reading of the above notification, what becomes prima facie evident...
...Bihar Excise (Amendment) Act, 2016, which has been sent to the learned District Magistrate-cum-Collector, Buxar for confiscation. 4. The questions in respect to confiscation...the proceedings under the Bihar Excise Act. 5. List this case after the decision in L.P.A. No. 1647 of 2015. ...Pulsar Motor Cycle bearing registration No. BR44D-7186 seized by the Bihar Police in connection with Complaint Case No. 286(O) of 2016 registered under Section 47(a) and 53(b) of the...
...Police Station for offence under Section 414, 272, 273 and 120B of the Indian Penal Code and Sections 30(a), 38, 47 and 33 of the Bihar Prohibition & Excise Act, 2016, this writ...pendency of the proceedings under the Bihar Excise Act and further undertaking not to alienate or deal with the vehicle in any manner so as to cause adverse efect or prejudice to the State Government.3. With ...
...Dinara Police Station for offence under Section 272 and 273 of the Indian Penal Code and Sections 30(a), 35 and 38 of the Bihar Prohibition & Excise Act, 2016, this writ...required during pendency of the proceedings under the Bihar Excise Act and further undertaking not to alienate or deal with the vehicle in any manner so as to cause adverse effect or prejudice to the...
...in connection with Gardanibagh P.S. Case No. 448 of 2018, registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘Bihar Excise Act.... He submits in view of Section 56(b) of Bihar Excise Act, since the vehicle was neither used for carrying liquor nor any intoxicant was recovered from the vehicle, the vehicle...
...Bihar Excise Act. On 25.8.91, District Collector, Jehanabad, issued a show cause notice (Annexure 1), to show cause as to why the molasses and truck be not confiscated under sections 66 and...67 of the Bihar Excise Act.2. Petitioner Sitaram has moved this Court on 12.9.1991 under Articles 226 and 227 of the Constitution of India for quashing the...Molasses (Control) Act nor the Bihar Excise Act is applicable in the instant case. Shri Rana Pratap Singh, learned counsel for the petitioner referring to different provisions of...
...entire proceeding arising out of Excise Case No. 239 of 2016 registered under Sections 47(a), 53(c), 54 and 57 of the Bihar Excise Act, 1915 as amended by the Bihar Excise Amendment Act, ...
by notification dated 05.04.2016, in exercise of powers conferred under Section 19(4) of the Bihar Excise Act, 1915, imposed ban on wholesale or retail trade and consumption of foreign...in the entire State but its possession has not been prohibited. Therefore, mere possession of foreign liquor within the prescribed limit is not an offence under the provisions of Bihar Excise Act, 1915...