Section 41
Section 41 of Bihar Prohibition and Excise Act, 2016. Where any intoxicant or liquor has been imported, exported, manufactured, transported or sold or is possessed by any person on account of any other person and such other person knows or has reason to believe that such import, export, manufacture, transport or sale was or that such possession is, on
(1) Where any intoxicant or liquor has been imported, exported, manufactured, transported or sold or is possessed by any person on account of any other person and such other person knows or has reason to believe that such import, export, manufacture, transport or sale was or that such possession is, on his account, the intoxicant or liquor shall, for the purpose of this Act, be deemed to have been imported, exported, transported, sold or manufactured by or to be in possession of such other person who shall be punishable with a term which shall not be less than eight years but which may extend to ten years and with fine which may extend up to ten lakh rupees.
(2) Nothing in sub-section (1) shall absolve any person who manufactures, sells or has in possession any intoxicant or liquor on account of another person, from liability to any punishment under this Act or unlawful manufacture, sale or possession of such intoxicant or liquor.
Section 41, Bihar Prohibition and Excise Act, 2016 (Act 20 of 2016).
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.
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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
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 41
What have the courts held on Section 41 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.
How do I find court cases under Section 41 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 41, section 41 Bihar Prohibition and Excise Act, section 41 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. 1 reported judgment on this section is set out on this page, beginning with Prabhat Pandey @ Mr. Prabhat Pandey vs The State of Bihar (08 Jan 2020).
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
- 30. Penalty for unlawful import, export, transport, manufacture, possession, sale, etc363 words
- 66. Externmentetc of notorious or habitual offenders361 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.