"The Legal Battle Over Alcohol Transit in Bihar: A High Court Case Analysis"



 Introduction The case revolves around the seizure of a tanker lorry carrying Extra Neutral Alcohol (ENA) in Bihar, leading to a legal dispute over the enforcement of the state's prohibition laws. The High Court of Patna adjudicated on the matter, with the petitioner seeking the quashing of the FIR and the release of the seized vehicle and goods.

Background of the Case The petitioner, Sandeep Tewari, is the owner of the tanker lorry bearing registration no. NL01K9511, which was transporting 25,000 liters of ENA from Bhutan to Himachal Pradesh. On March 13, 2021, the vehicle was intercepted in Kishanganj, Bihar, following a tip-off received by the police. The driver, Md. Mannan, failed to produce necessary documents, leading to the registration of FIR No. 123/2021 under Sections 272, 273, and 120B of the IPC and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Petitioner's Argument The petitioner contended that:

  1. The transportation of ENA was legally permitted as per valid permits, invoices, and statutory documents.

  2. The vehicle had no option but to pass through Bihar due to geographical constraints.

  3. The digital lock affixed by West Bengal authorities could not be removed until the vehicle reached Asansol, making additional locking unnecessary.

  4. ENA is not classified as an intoxicant under the Bihar Prohibition and Excise Act, citing the Bihar Distillers and Bottlers Pvt. Ltd. case.

  5. Section 14 of the Act was unworkable at the time due to the absence of corresponding rules, as upheld in the CTI Infrastructure Pvt. Ltd. case.

Respondent’s Argument The State of Bihar defended its actions by arguing that:

  1. The driver disclosed that the tanker contained spirit for making liquor, intended for delivery in Muzaffarpur, Bihar.

  2. No valid transit permit was presented at the time of seizure.

  3. The digital lock was found open, raising suspicions of unauthorized sale within Bihar.

  4. Section 14(2) mandates obtaining a transit permit at the first check post and surrendering it at the last check post before exiting Bihar.

  5. The Bihar government’s 2015 policy required digital locks and GPS tracking for all such consignments passing through the state.

  6. Laboratory analysis confirmed that the seized substance was rectified spirit, which falls under the category of intoxicants under the Act.

  7. The vehicle was seized for non-compliance with the legal provisions, and the seized spirit was subsequently destroyed as per the law.

Court’s Judgment The High Court of Patna, presided over by Justice Partha Sarthy, dismissed the petition on the following grounds:

  1. The allegations in the FIR indicated a cognizable offense under the Bihar Prohibition and Excise Act.

  2. The defense presented by the petitioner involved disputed questions of fact that could not be decided at the FIR quashing stage.

  3. The petitioner failed to comply with the Bihar government’s regulations regarding transit permits and digital locks.

  4. The vehicle’s seizure and subsequent confiscation were legally justified under Section 57 of the Bihar Prohibition and Excise Act.

  5. The case of Bihar Distillers and Bottlers Pvt. Ltd. did not apply, as it pertained to licensing rather than transportation violations.

  6. The court reaffirmed the state’s authority to enforce prohibition laws strictly, even for goods merely in transit through Bihar.

Legal Precedents Cited The judgment referred to multiple Supreme Court rulings, including:

  • State of Haryana vs. Bhajanlal (AIR 1992 SC 604) – Criteria for quashing an FIR.

  • Pratibha Rani vs. Suraj Kumar & Anr (1985 SCC 370) – The necessity to evaluate FIR allegations at face value.

  • Superintendent of Police, CBI vs. Tapan Kumar Singh (2003 SCC 175) – The scope of FIRs in launching investigations.

  • Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra (2021 SCC Online SC 315) – Guidelines on judicial intervention in investigations.

Conclusion This case highlights the stringent enforcement of Bihar’s prohibition laws and the legal complexities surrounding the transportation of alcohol-based products through the state. The ruling underscores the necessity for businesses to comply with state-specific regulations, even for transit shipments. The decision also reinforces the principle that courts should not interfere in ongoing investigations unless there is a clear absence of prima facie evidence.

The case serves as a precedent for similar disputes, emphasizing the legal responsibilities of transporters and the far-reaching impact of Bihar’s prohibition policies.

पूरा फैसला पढ़ने के लिए यहां क्लिक करें:

https://patnahighcourt.gov.in/viewjudgment/MTYjNzk1IzIwMjEjMSNO-JzBhV0d7Glk=