Penalty for unlawful import, export, transport, manufacture, possession, sale, etc
Section 30 of Bihar Prohibition and Excise Act, 2016 deals with penalty for unlawful import, export, transport, manufacture, possession, sale, etc. Whoever, in contravention of provision of this Act or of any rule or order made or notification issued under this Act or in contravention of any condition of any license or permit or pass, renewed under this Act or without a valid license, permit or pass issued under this Act - (a) manufactures, pos
Whoever, in contravention of provision of this Act or of any rule or order made or notification issued under this Act or in contravention of any condition of any license or permit or pass, renewed under this Act or without a valid license, permit or pass issued under this Act - (a) manufactures, possesses, buys, sells, distributes, collects, bottles, imports, exports, transports or removes any intoxicant or liquor; or (b) cultivates any hemp plant; or (c) constructs or establishes or works any manufactory, distillery, brewery or warehouse; or (d) uses, keeps or has in his possession any material, still, utensil, implement or apparatus, or premises, whatsoever, for the purpose of manufacturing any intoxicant or liquor ;or Explanation - The word "material" means any material,and includes any food or non food item, that may be used for preparing any liquor or intoxicant.
(e) possesses any material or film either with or without the State Government logo or logo of any State or wrapper or any other thing in which liquor or intoxicant can be packed or any apparatus or implement or machine for the purpose of packing any liquor or intoxicant; or (f) removes any liquor or intoxicant from any distillery, brewery, warehouse, other place of storage licensed, established, authorized or continued under this Act; or (g) manufactures, possesses, sells, distributes, bottles, imports, exports, transports or removes, any preparationor ingredient madewith or without the use of any intoxicant or liquor , which can serve as an alcohol or a substitute for alcohol and is used or likely to be used or consumed for the purposes of getting intoxicated , shall be punishable with imprisonment for a term not less than ten years but which may extend to imprisonment for life and with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.
Explanation: - "Possession" here means the possession by any family or member of that family and includes the knowledge of possession where any member of a family or the family itself know that such possession is illegal, whether it is in his or her own possession or with some other member of the family.
Section 30, Bihar Prohibition and Excise Act, 2016 (Act 20 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Prabhat Pandey @ Mr. Prabhat Pandey vs The State of Bihar
Court's Decision & Legal Precedent
In cases where a vehicle is seized in connection with drunken driving but no liquor is recovered from the vehicle, the confiscating authority must record a positive finding on the applicability of Section 56 of the Bihar Prohibition and Excise Act, 2016 before passing any confiscation order. The confiscating authority must decide this issue as a preliminary matter before proceeding with confiscation. The reasonable time period for completing confiscation proceedings under Section 58 of the Act is three months. Provisional release of seized vehicles should be granted pending completion of confiscation proceedings in cases where the vehicle is not liable to be confiscated or where there is inordinate delay.
On this section: Offence related to liquor transportation and possession
-
Majarid Nadaf @ Majrid Nadaf vs The State of Bihar
Court's Decision & Legal Precedent
Anticipatory bail may be granted in excise cases where the accused was not present at the spot of recovery and is implicated solely as the vehicle owner, provided they have no prior criminal history.
On this section: Offence related to manufacture, transport, or sale of intoxicants.
-
Surendra Rai vs The State of Bihar
Court's Decision & Legal Precedent
Recovery of foreign liquor from the residence of an accused person, even if not in conscious possession, constitutes sufficient grounds to reject an anticipatory bail application in cases involving violation of prohibition laws, as the material evidence of the offense outweighs claims of innocence and absence of criminal antecedents.
On this section: Offence related to possession of foreign liquor - primary charge against the petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 30
What have the courts held on Section 30 of the Bihar Prohibition and Excise Act?
Prabhat Pandey @ Mr. Prabhat Pandey vs The State of Bihar (08 Jan 2020) is the leading judgment on this section among those set out below: Offence related to liquor transportation and possession. Another 2 judgments on this section are set out below. They run from 2020 to 2024.
How do I find court cases under Section 30 of the Bihar Prohibition and Excise Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Bihar Prohibition and Excise Act 30, section 30 Bihar Prohibition and Excise Act, section 30 of the Bihar Prohibition and Excise Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Prabhat Pandey @ Mr. Prabhat Pandey vs The State of Bihar (08 Jan 2020).
What should I read with Section 30 of the Bihar Prohibition and Excise Act, and has it changed?
2 other provisions in this corpus refer back to it.
When was the Bihar Prohibition and Excise Act enacted?
Bihar Prohibition and Excise Act was enacted in 2016 as Act 20 of 2016. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions-In this Act, unless otherwise required in the context2273 words
- 95. Power of the State Government to make rules474 words
- 90. Application of certain provisions of the Code of Criminal Procedure, 1973392 words
- 34. Penalty for mixing noxious substance with liquor385 words
- 66. Externmentetc of notorious or habitual offenders361 words
- 58. Confiscation by District Collector311 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/a8435211-f601-4fe1-af00-b0112c40aa2e.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/bb1b0d0a-9d10-4063-8843-5275ff0dde4b/content). This page is not a substitute for legal advice.