• The Bihar prohibition and excise act 2016

How to get rid of the case of consuming alcohol under this act in bihar? The offence was detected by the breath analyzer while traveling from jharkhand to bihar. If a student is caught in this and now he is on bail....if in future he qualifies for government job, what will be the consequences?? Will he get the job or not??
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

This will probably not be a deterrence for applying in the govt. job. However if it is specifically written that a person against whom criminal charges are pending is disqualified then I ma afraid he will not be eligible for the job.

You can also go ahead and challenge the proceedings in the HC on the ground that the consumption was not done in Bihar and he is not liable to be prosecuted under the prohibition and excise act.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

section 37 Bihar Prohibition act 2016

Penalty for consumption of liquor.—

Whoever, in contravention of this Act or the rules, notification or order made there under -

(a)consumes liquor or intoxicant in any place; or

(b)is found drunk or in a state of drunkenness at any place; or

(c)drinks and creates nuisance or violence at any place including in his own house or premises; or

(d)permits or facilitates drunkenness or allows assembly of drunken elements in his

own house or premises;

shall be punishable,

(1)

in case of an offence falling under clause (a) and (b), with a term which shall not be less than five years but which may extend to seven years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.

(2)

In case of an offence falling under clause (c) and (d), with a term which shall not be less than ten years but which may extend to imprisonment for life and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees. Explanation (a)– “Consuming intoxicant” includes consumption of any medicine or any ingredient of a medicine or medicinal preparation that may have an intoxicating effect.

Explanation (b)- “drunkenness” includes drunkenness due to any medicine or medicinal preparation.

2) if convicted he would be disqualified from govt service

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

you should plead not guilty

2) burden of proof is upon prosecution to prove the allegations made in FIR

3) punishment under section 37 is draconian

4) unfortunately Bihar is one of few station where there is ban on consumption of alcohol

5) Supreme Court in Khoday Distilleries vs. State of Karnataka (1995) 1 S.C.C. 574 which held that there is no fundamental right to trade or do business in liquor, and the state can totally prohibit it in view of Article 47 of the Constitution which states: “The State shall regard the improvement of public health as among its primary duties, and in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

- As long as you disclose this in your application form at the time for applying for a Govt. job, whenever you are asked about your antecedents, the pendency of this case should not be a problem.

-Mere pendency of this case will not bar your avenues for employment with Govt. Once a candidate is selected for a Govt. job, his character verification is done by the Local Intelligence Unit and only upon the report submitted by it, the appointing authority takes a decision to accept or reject the candidature of a candidate who is otherwise selected for public employment.

-At anytime during the process, you may approach the High Court to seek appropriate relief in case you are barred.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hii. It's a petty offence not a serious and a brutal offence under Indian penal code.. Even if the court finds you guilty , it will considering you as a student and not a habitual offender will leave you on probation and may impose some fine..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. You have to contest the case, there is no other way.

2. The minimum punishment under Bihar Act for liquor consumption is 5 years. Hence this is most likely to adversely affect the job prospects. While applying for the job you will have to mention whether you are facing a criminal case or not. An answer to the question in affirmative may result in summary rejection of your application form. It is a serious offence having regard to the punishment prescribed by the statute. On conviction the sentence cannot be suspended by the trial court.

3. The maximum ''ignorantia juris non excusat" i.e ignorance of law is not an excuse will apply to the fullest against you.

4. Apart from murder and rape there are other acts also which have been regarded as offences under IPC and other acts. So while it may not be as 'brutal' as murder or rape is, it still is a crime.

5. The concept of ''One nation one Law'' does not stop the state from making an enactment for any of the subjects mentioned in either the State or Concurrent List of the Constitution of India. Because the other states have not replicated the example of Bihar, it does not imply that there is discrimination meted out to you. The state has the constitutional sanction to impose absolute prohibition of production and consumption of alcohol. What Bihar has done is commendable, and needs to be replicated in other states as well.

6. If you really want concrete legal advise then consult a lawyer with a copy of FIR. Possibly, there may be an escape route.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

How to get rid of the case of consuming alcohol under this act in bihar? The offence was detected by the breath analyzer while traveling from jharkhand to bihar. If a student is caught in this and now he is on bail....if in future he qualifies for government job, what will be the consequences?? Will he get the job or not??

If he was let off with fine and warning then this would be a petty offence which will not find place in the police records for verification.

If he belongs to Jharkhand then the police verification will not o to Bihar at a later stage so he can be free about it.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Student who are drinking in delhi will get the job but student from bihar will face lifetime ban.

Why this type of discrimination is done state wise in our country?? If it is injurious to our health then it should be injurious to whole country.

You are talking with no meaning.

The law is a law which has to be respected by every citizen

The law enacted by a state government is not a special law for a student or others, it is common for all, hence there is no point in agitating over it.

If you are a student then you should know the implications of violating the law of the land instead of making a large hue and cry over it despite violating the law.

However for your information please note that these will not appear adverse in the police verification report when the police verification report is sought by the organisation or recruiting agency.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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