BIHAR
PROHIBITION AND EXCISE (AMENDMENT) RULES, 2022
PREAMBLE
In exercise of the powers conferred under
Section-95 of Bihar Prohibition and Excise Act, 2016 the Government of Bihar is
pleased to make the following rules to amend the Bihar Prohibition & Excise
Rules, 2021:-
Rule - 1. Short title, extent and commencement.
(1)
These
rules may be called The Bihar Prohibition & Excise (Amendment) Rules, 2022.
(2)
These
rules shall come into force on the date of their publication in the official
gazette.
(3)
It
shall extend to the whole of the State of Bihar and shall apply to all pending
cases.
Rule - 2. Substitution of Rule 12 (Sealing of Premises) of Bihar Prohibition and Excise Rules, 2021.
Rule 12 of Bihar Prohibition and Excise
Rules, 2021 shall be substituted by the following:-
12. Sealing of
Premises:-
"(1) If any offence is or has been committed in any
premises (whole or part thereof) under the Act, any officer within the meaning
of Section-73 of the Act may immediately seal the premises (whole or part
thereof).
"Immediately" here means that
sealing should be done in the course of the raid itself. In any case, sealing
shall be done within 24 hours of the institution of First Information Report.
(2) Sealing shall be reported to the Collector
within 24 hours of the sealing.
(3) If the premises used, is a temporary structure
which cannot be effectively sealed, the police/excise officer shall, as soon as
possible after obtaining the order of the Collector, demolish the temporary
structure.
(4) Where any intoxicant is or has been
manufactured, bottled, distributed, collected, stored, sold, purchased,
imported, exported or transported in any premises or part thereof, such
premises shall be fully sealed.
(5) As far as possible, only that portion or
private residential premises which has been used for committing offence shall
be sealed and not the whole premises or entire residence.
(6) Where any residential premises or part thereof
is being used to provide facility to consume intoxicant(s) to other persons,
such premises shall be compulsorily sealed."
Explanation:- If a premises is consisting
of multi-unit with different ownership only the specific unit where the offence
has been committed shall be liable for sealing.
Rule - 3. Insertion of a new Rule 12A after Rule 12 of Bihar Prohibition and Excise Rules, 2021.
A new rule 12A shall be inserted after rule
12 of Bihar Prohibition and Excise Rules, 2021 as under:-
12A. Release of
Vehicles, Conveyance etc. on Payment of Penalty:-
"(1) If any vehicles, conveyance, vessel, animal
etc. has been seized by any police or excise officer under the Act, then in
terms of section-57B (1) of the Act, the Collector or an officer authorized by
him upon receipt of an application in Form IV by the owner of the said
conveyance or vehicle etc., may release the said conveyance or vehicle upon
payment of such penalty as may be ordered by the Collector or the officer
authorized by him.
Provided, where it is not possible to
ascertain the owner of the vehicle or the owner is not coming to claim the
vehicle, the Collector or the officer authorized by him, after waiting for 15
days from the date of seizure, shall proceed to confiscate and auction the
vehicle as per the provisions of the Act.
(2) The penalty shall be 50% of the latest insured
value of vehicle/conveyance. The insured value is the value of the vehicle as
assessed by the insurance company. Where, the insured value is not available or
the Collector or the officer authorized by him has reason to believe that the
vehicle is undervalued, he shall get the valuation done by the District
Transport Officer and 50% of that value shall be the amount of penalty.
In any case, the Collector shall not wait
beyond 15 days from the date of seizure and if during this period, the
accused/owner does not pay up the penalty, he shall proceed with the
confiscation/auction.
(3) Notwithstanding above, if on a report by
police officer or excise officer, the Collector or the officer authorized by
him is satisfied that releasing the vehicle or conveyance shall not be in the
public interest, he shall proceed ahead with the confiscation of the said
vehicle or conveyance and its subsequent auction/disposal.
(4) Where the conveyance is such that its
valuation/insurance is not possible, the Collector or the officer authorized by
him shall impose such fine as he deems fit. While imposing such fine, the
Collector or the officer authorized by him shall have due regard to the
economic status of the individual, nature of his involvement in the crime and
the quantum of intoxicant recovered.
(5) Such penalty shall be, regardless of the
outcome of the trial if any, before the Special Court, non-refundable.
(6) The owner of the vehicle/conveyance shall,
after the release of the vehicle/conveyance, produce the vehicle/conveyance as
and when required by the authorities.
[Explanation: In all pending/ongoing cases of
confiscation/auction of vehicles, the Collector or the officer authorized by
him may give an opportunity to the existing owner to pay the aforesaid penalty
and get the vehicle released. Upon satisfaction about ownership and upon
payment of such penalty, the ongoing confiscation/auction proceeding may be
dropped and the vehicle released.]"
Rule - 4. Insertion of a new Rule 12B after Rule 12A of Bihar Prohibition and Excise Rules, 2021.
A new rule 12B shall be inserted after rule
12A of Bihar Prohibition and Excise Rules, 2021 as under:-
12B. Release of
Premises on Payment of Penalty:-
"(1) If any premises or part thereof has been seized
or sealed by any police or excise officer under the Act, then in terms of
section-57B (2) of the Act, the Collector or an officer authorized by him, upon
receipt of an application in Form V from the owner of the said premises, may release
or unseal the said premises or part thereof upon payment of such penalty as may
be ordered by the Collector or the officer authorized by him.
Provided, where it is not possible to
ascertain the owner of the premises or the owner is not coming forward, the
Collector or the officer authorized by him shall, after waiting for 15 days
from the date of seizure/sealing, proceed to confiscate the premises as per the
provisions of the Act.
(2) The Collector or the officer authorized by him
shall have due regard to the economic status of the individual, nature of his
involvement in the crime, location of the premises and the quantum of
intoxicant recovered while deciding the quantum of fine to be paid by the
individual. However, the fine shall not be less than Rs. one Lakh in any case.
In any case, the Collector shall not wait
beyond 15 days from the date of seizure/sealing and if during this period, the
accused/owner does not pay up the penalty he shall proceed with the
confiscation/auction.
(3) Notwithstanding above, if on a report by
police officer or excise officer, the Collector or the officer authorized by
him is satisfied that releasing the premises shall not be in the public
interest, the Collector or the officer authorized by him shall proceed ahead
with the confiscation of the said premises or part thereof and its subsequent
auction/disposal.
(4) Such penalty shall be, regardless of the
outcome of the trial if any, before the Special Court, non-refundable.
(5) The owner of the Premises shall, after the
release of the premises, allow the inspection of the premises as and when
desired by the authorities.
[Explanation: In all pending/ongoing cases of
confiscation/auction of premises, the Collector or the officer authorized by
him may give an opportunity to the existing owner to pay the aforesaid penalty
and get the premises released. Upon satisfaction of ownership and upon payment
of such penalty, the ongoing confiscation/auction proceeding may be dropped and
the premises released.]"
Rule - 5. Substitution of Rule 13 (Seizure of animal/vehicle/vessel/other conveyance) of Bihar Prohibition and Excise Rules, 2021.
Rule 13 of Bihar Prohibition and Excise
Rules, 2021 shall be substituted by the following:-
"13.
Confiscation of Premises/Vehicles etc. when not released on penalty:-
Whenever the Collector or officer authorized
by him finds that it is not appropriate or not possible to release the
vehicle/premises on payment of penalty or when the owner/accused fails to
deposit the penalty within two weeks of seizure/sealing of such
vehicle/premises, he shall proceed to confiscate and auction the same in terms
of rule 13A, rule 13B and rule 14."
Rule - 6. Insertion of a new Rule 13A after Rule 13 of Bihar Prohibition and Excise Rules, 2021.
A new rule 13A shall be inserted after rule
13 of Bihar Prohibition and Excise Rules, 2021 as under:-
13A. Procedure of
confiscation of vehicle/conveyance etc.:-
"(1) Where it is decided by the Collector that the
vehicle is not to be released on penalty or where the owner does not pay the
required penalty, the confiscation proceeding shall be initiated. The proposal
for confiscation of the conveyance shall be sent by the police/excise officer
to the Collector (or an officer authorized by him) within 30 days from the date
of seizure. The officer concerned shall immediately start the confiscation
proceeding.
In case of delay of beyond 30 days, in
submission of the proposal for confiscation, the police/excise officer will
have to explain the delay.
(2) The officer concerned, on receipt of proposal
for confiscation of any vehicle(s) or other conveyances from police/excise
officer, shall issue show cause notice to owner of the said vehicle or the
vessel or other conveyance. Simultaneously, he shall issue notice to the
District Transport Officer and the Chemical Examiner for their reports.
(3) Such notice issued by the officer shall be
served as per procedure prescribed in the Code of Criminal Procedure, 1973 for
service of summons. He shall obtain report from the District Transport Officer
or any authority authorized for the purpose of registration of the conveyance
and the report of chemical examiner within 30 days of seizure.
(4) The officer shall provide reasonable
opportunity of hearing to the owner. The investigating/inquiry officer shall
also be given opportunity to participate in such hearing.
(5) If, on the date fixed for hearing, the
person(s) to whom the notice has validly been served fail(s) to appear in the
proceeding on two consecutive dates fixed for hearing, the confiscating
authority shall proceed to pass the order ex-parte.
(6) The officer, after hearing the parties, on
satisfaction that an offence has been committed in terms of the Act, shall pass
appropriate order with respect to seized vehicle or vessel or conveyance as the
case may be.
(7) The officer shall ensure that the order for
confiscation is passed within 90 days from the date of seizure of the vehicle.
(8) Any person aggrieved by the order passed by
the Collector under the provisions of the Act may file appeal in the manner
prescribed under these Rules."
Rule - 7. Insertion of a new Rule 13B after Rule 13A of Bihar Prohibition and Excise Rules, 2021.
A new rule 13B shall be inserted after rule
13A of Bihar Prohibition and Excise Rules, 2021 as under:-
13B. Procedure of
confiscation of Premises:-
"(1) Where it is decided by the Collector that the
premises is not to be released on penalty or where the owner does not pay the
required penalty, the confiscation proceeding shall be initiated. The proposal
for confiscation of the premises shall be sent by the police/excise officer to
the Collector (or an officer authorized by him) within 30 days from the date of
seizure/sealing. The officer concerned shall immediately start the confiscation
proceeding.
In case of delay of beyond 30 days, in
submission of the proposal for confiscation, the police/excise officer will
have to explain the delay.
(2) The officer concerned, on receipt of proposal
of confiscation of any premises or part thereof or any property liable for
confiscation from police/excise officer, shall issue show cause notice to the
owner(s) of the premises or property. Simultaneously, he shall issue notice to
the Chemical Examiner and/or such revenue officers for their reports.
(3) Such notice issued by the officer shall be
served as per procedure prescribed in the Code of Criminal Procedure, 1973 for
service of summons.
(4) The officer shall provide reasonable
opportunity of hearing to the owner(s) of the premises or property. The
investigating/inquiry officer shall also be given opportunity to participate in
such hearing.
(5) If the person to whom notice has validly been
served fails to appear in the proceeding on two consecutive dates fixed for
hearing, the confiscating authority shall proceed to pass the order ex-parte.
(6) The officer shall, after hearing the parties,
pass appropriate order of confiscation or unsealing, as the case may be, with respect
to sealed/seized premises or property on the basis of his satisfaction whether
an offence has been committed or not in terms of the Act.
(7) The officer shall ensure that the order for
confiscation is passed within 90 days from the date of seizure/sealing of the
premises.
(8) Any person aggrieved by the order passed by
the Collector under the provisions of the Act may file appeal in the manner
prescribed under these rules."
Rule - 8. Substitution of Rule 14 (Disposal of seized/confiscated things) of Bihar Prohibition and Excise Rules, 2021.
Rule 14 of Bihar Prohibition and Excise
Rules, 2021 shall be substituted by the following:-
14. Auction or
Destruction of Seized/Confiscated items:-
"The items seized/confiscated by the
Collector or any officer authorized by him may be disposed of by him, either by
auction or by destruction, in the following manner:-
(1)
If
the Collector or the officer authorized by him, is satisfied that any seized
article, is liable to speedy and natural decay or is of trifling value or can
be put to misuse or endangering public safety or occupying public space, he
may, in exercise or power under Section-57 and Section-57A of the Act, order
for destruction of the same at any time before passing the order of
confiscation. The Collector or the officer concerned shall ensure that any
seized liquor should not be allowed to remain stored for a very long time. He
shall ensure that the said liquor is destroyed within 15 days of its seizure
after having obtained the report of the chemist.
(2)
The
confiscated animal/vehicle/vessel/other conveyance premises or part thereof
shall be put to public auction and sold to the highest bidder within a period
of one month from the date of attainment of finality of order of the
confiscating authority or such extended period as deemed fit by the
Collector/authorized officer or may be put government use in the manner
prescribed.
(3)
Before
the auction, the Collector or the officer may cause the valuation of the
vehicle/conveyance/premises. He shall then invite bid through public
advertisement in at least one local/vernacular newspaper. Where he does not
receive any offer for a particular item in the first attempt of auction, he may
invite bids again. If, after three such attempts, he does not receive any bid,
he may dispose of the said vehicle/conveyance on an "as is where is"
basis regardless of the valuation.
Explanation:- The word "finality"
in sub-rule (2) above connotes the date of order of Excise Commissioner passed
under Section-92 of the Act."
Rule - 9. Substitution of Rule 18 of Bihar Prohibition and Excise Rules, 2021.
Rule 18 (of Chapter 10- Procedure for Arrest
and Prosecution) of Bihar Prohibition and Excise Rules 2021 shall be
substituted by the following:-
18. Arrest and
Enquiry etc. for consumption of liquor:-
"(1) Whenever a person is arrested for the first
time, under section-37 of the Act, the person shall be immediately produced
before the duly authorized Executive Magistrate by the police officer or the
excise officer.
(2) The concerned police officer or excise officer
shall conduct an enquiry and submit a report in Form VI. While conducting the
enquiry, the officer concerned shall ascertain the identity of the accused, his
ID Proof etc. and shall mention whether the accused has cooperated during the
arrest, subjected himself to medical examination or breath analysis and whether
he was found creating public nuisance or indulging in violent behavior.
(3) Based on the report, and the deposition made
by the accused in Form VIA before the Executive Magistrate, the accused may be
sentenced by the Executive Magistrate to pay a fine not less than Rs. 2,000 but
not exceeding Rs. 5,000 or undergo simple imprisonment for a period of 30 days in
case the accused refuses to pay. Order sheet format is indicated at Form VII
for the use of the Executive Magistrate.
Provided that where the police/excise
officer, in his report prays that the accused be not released on payment of
fine and gives reasons for the same, the Executive Magistrate, subject to his
satisfaction, shall then commit the accused for simple imprisonment of 30 days.
(4) If a person is arrested under section-37 of
the Act and where it comes to the notice of the Executive Magistrate that the
said person has been previously convicted under section-37, then the Executive
Magistrate shall, based on the report of the police/excise officer, sentence
the accused to undergo simple imprisonment for a period of one year.
(5) In case the person convicted for the first
time is unable to pay the fine immediately and requests time of few days to
arrange the amount, the Executive Magistrate shall commit him to judicial
custody till such period the convicted person arranges to pay the fine. The
said person shall be released immediately after he pays up the fine.
(6) Such penalty shall be, regardless of the
outcome of the trial if any, before the Special Court, non-refundable.
(7) Where the accused, apart from being found
drinking liquor or inebriated, is found to be in possession of some
liquor/intoxicant, the Executive Magistrate, if authorized by the Collector,
may cause the said liquor/intoxicant to be destroyed as per Section-57 and
Section-57A of the Act. Any vehicle/premises from where the said liquor/intoxicant
has been recovered, shall be subjected to penalty or confiscation, by way of a
different proceeding, as per the provision of the Act and these rules.
Rule - 10. Insertion of a new Rule 18A after Rule 18 of Bihar Prohibition and Excise Rules, 2021.
A new rule 18A shall be inserted after rule
18 of Bihar Prohibition and Excise Rules, 2021 as under:-
18A. Transfer of
cases under Section-37 from Special Courts:-
"(1) Pursuant to the amendment in the Act, offences
under Section-37 shall now be disposed of by the Executive Magistrates who have
been conferred the powers of the Judicial Magistrate Second Class by the Patna
High Court. Such cases shall no longer be filed before the Special Courts.
(2) For the purpose of conferment of the powers to
the Executive Magistrates, the District Magistrate shall immediately recommend
such names of the Executive Magistrates, along with their Jurisdiction, to the
State Government. The State Government shall then send the proposal to the
Patna High Court for conferment of powers to these Executive Magistrates.
(3) After the Patna High Court confers the powers
to these Executive Magistrates, the District Magistrate shall take over all
such cases under Section-37 pending before the Special Courts as on the day of
promulgation of these rules. For that purpose, the District Magistrate shall,
in consultation with the District & Sessions Judge, make a list of such
cases. Such enlistment and taking over of the cases shall be done within 30
days from the date of conferment of powers by the Patna High Court.
(4) The District Magistrate shall then distribute
these cases to such Executive Magistrates as are duly empowered by the Patna
High Court.
(5) The Executive Magistrates shall dispose of
these transferred cases in terms of the provisions of the Act. In such
transferred cases, where the accused have already undergone 30 days of
imprisonment, the Executive Magistrate may close such proceedings after issuing
due summons to the accused. Where ever, the accused have not completed 30 days
of imprisonment, the Executive Magistrate may issue summons to the accused and
subject to his depositing such penalty as directed, close the proceedings.
(6) Till such time as the Patna High Court confers
the powers to these Executive Magistrates, the Special Courts shall continue to
look after cases under Section-37 filed on or after 1st April 2022. They shall
be competent to impose such penalty/punishment as mentioned in Rule 18. For
cases filed before 1st April 2022, the Special Court shall continue to dispose
them as per Rule 18 read with clause (5) above, till the Executive Magistrates
take over these cases.
Rule - 11. Insertion of a new Rule 18B after Rule 18A of Bihar Prohibition and Excise Rules, 2021.
A new rule 18B shall be inserted after rule
18A of Bihar Prohibition and Excise Rules, 2021 as under:-
18B. Arrest and
investigation etc. for all cases other than Section 37:-
"Save as otherwise expressly provided in
the Act and these rules, the provisions of Criminal Procedure Code, 1973,
Indian Evidence Act, 1872 and the Bihar Police Manual shall be applicable for
all cases, other than Section-37, with regard to arrests, investigation,
submission of charge sheet, supervision etc."
Rule - 12. Substitution of Rule 19 of Bihar Prohibition and Excise Rules, 2021.
Rule 19 of Bihar Prohibition and Excise Rules
2021 shall be substituted by the following:-
19. Bail in case of
an offence committed under Section-54 (2) of the Act:-
"The provision of Section 436 of Criminal
Procedure Code, 1973 shall be applicable for bail in case of an offence
committed for the first time under sub-section (2) of Section-54 of the Act. To
establish the identity of the person to be released on bail, the concerned
person has to furnish valid photo identity card along with the bail bond."
FORM IV
Application for
Release of Vehicle/Conveyance
(See Rule 12 A)
To,
The Collector or the Authorized Officer,
District.
(1)
Name
of the Applicant:-
(2)
Age:-
(3)
Father's
Name:-
(4)
Address:-
(5)
Whether
the applicant is named accused in the FIR or not:-
(6)
Amount
of liquor recovered from the vehicle (As per Police/Excise Officer):-
(7)
Details
(Number, Model) of the Vehicle/Conveyance to be released:-
(8)
Vehicle
Insurance:- Insured Value (In Rs.) Year-
I declare that above information submitted by
me is correct. I declare that I am the owner of the said vehicle and my vehicle
was seized on ............ (date) at .......... (location) for violation of the
provisions of Bihar Prohibition and Excise Act, 2016. In support of my
ownership of the vehicle, I am enclosing the Registration Certification and
Insurance documents of the vehicle.
I further declare that I am willing to pay
such penalty as imposed by the Learned Magistrate. I also agree to cooperate
with the police/excise authorities in the enquiry. I undertake to present
myself and the vehicle before the police/excise authorities or the Court of the
Learned Magistrate whenever required. I shall also extend cooperation in the
trial, if any, before the Special Court.
I understand that the Learned Magistrate, in
his jurisdiction has imposed penalty on my application, which is non-refundable
and I shall not claim it at any point of time in future.
I further declare that the vehicle shall not
be again involved in any offence and I shall actively cooperate in enforcement
of total prohibition in the State of Bihar.
I am making the above application out of my
own free will and without fear or coercion.
(Signature of the Applicant)
FORM V
Application for
Release of Premises
(See Rule 12 B)
To,
The Collector or the Authorized Officer,
District.
(1)
Name
of the Applicant:-
(2)
Age:-
(3)
Father's
Name:-
(4)
Address:-
(5)
Whether
the applicant is named accused in the FIR or not:-
(6)
Amount
of liquor recovered from the Premises (As per Police/Excise Officer):-
(7)
Details
of the Premises to be released:-
I declare that above information submitted by
me is correct. I declare that I am the owner/joint owner of the said premises
and my premises was sealed on ............ (date) at .......... (location) for
violation of the provisions of Bihar Prohibition and Excise Act, 2016. In
support of my ownership/joint ownership of the premises, I am enclosing the
Land documents of the Premises.
I further declare that I am willing to pay
such penalty as imposed by the Learned Magistrate. I also agree to cooperate
with the police/excise authorities in the enquiry. I undertake to present
myself before the police/excise authorities or the Court of the Learned
Magistrate whenever required. I shall allow inspection of the said premises as
and when required. I shall also extend cooperation in the trial, if any, before
the Special Court.
I understand that the penalty is
non-refundable and I shall not claim it at any point of time in future.
I further declare that the premises shall not
be again involved in any offence and I shall actively cooperate in enforcement
of total prohibition in the State of Bihar.
I am making the above application out of my
own free will and without fear or coercion.
(Signature of the Applicant)
FORM VI
Enquiry by the Police
Officer/Excise Officer
(See Rule 18)
To,
The Executive Magistrate,
District.
Subject:-Regarding action to be taken against
the accused (Name of accused) ..................... under Section 37 of the
Bihar Prohibition and Excise Act, 2016.
Sir,
The above-named accused was arrested under
Section 37 of the Bihar Prohibition and Excise Act, 2016. His details are as
under:-
(1)
Name
of the Accused:-
(2)
Age:-
(3)
Father's
Name:-
(4)
Address:-
(5)
Date,
Time & Place of Arrest:-
(6)
Proof
of ID:- (Aadhar Card Number, PAN Number, Driving license, ATM Card etc.)
(7)
Profession
of the accused:-
(8)
Whether
the accused has been arrested first time under Section 37 or has he been
previously arrested under Section 37:-
(9)
Details
of the offence:-
(10)
Prayer:-
I pray before the Learned Court that
(a)
The
accused be sentenced to pay a suitable fine. OR
(b)
The
accused be sentenced to imprisonment. (Strike off which is not required)
Date/Place:-
(Signature of the Excise/Police Officer)
FORM VIA
DEPOSITION OF THE
ACCUSED
(See Rule 18)
(1)
Name
of the Accused:-
(2)
Age:-
(3)
Father's
Name:-
(4)
Address:-
(5)
Date,
Time & Place of Arrest:-
I declare that above information submitted by
me is correct. I confess that I was caught drinking or in inebriated condition
on ............ (date) at ................ (location). I was subjected to
medical examination/breath analysis test which confirmed that I had consumed
alcohol/liquor.
I further declare that I am willing to
undergo such punishment as imposed by the Learned Magistrate. I also agree to
cooperate with the police/excise authorities in the enquiry. I undertake to
present myself before the police/excise authorities or the Court of the Learned
Magistrate whenever required.
I further declare that I shall not repeat the
offence and shall actively cooperate in enforcement of total prohibition in the
State of Bihar.
I am making the above statement out of my own
free will and without fear or coercion.
(Signature of the Accused)
(Signature of the Magistrate)
Certified that the above statement of the
accused is made before me and the same is read out and explained to the accused
and the accused understood and signed it as correct.
(Signature of the Magistrate)
FORM VII
Format
for Order Sheet
(See
Rule 18)
IN THE COURT OF
EXECUTIVE MAGISTRATE, ....................
|
Case no ........... |
State vs. |
Under Section 37 of
Bihar, Prohibition and Excise Act, 2016.
(1) Name of the Accused:-
(2) Age:-
(3) Father's Name:-
(4) Address:-
(5) Date, Time &
Place of Arrest:-
(6) Date of Submission of
enquiry report by police/excise officer:-
Perused the
above-mentioned enquiry report submitted by the police/excise officer. Today,
the police/excise officer have produced the above said accused. I hereby take
cognizance under section 37 of Bihar, Prohibition and Excise Act, 2016.
The charge against
the accused person is that the accused has consumed alcohol on
....................... (date) and was caught at .................. (location).
The accused was subjected to medical examination/breath analysis test which
confirmed that the accused had consumed alcohol/liquor.
The above charge was
read out and explained to the accused person. I have recorded his deposition.
The accused was asked
to state whether he pleads guilty.
He pleads guilty. I
am prima facie satisfied that the charge against him is well founded.
The accused person is
therefore sentenced to pay a sum of Rs. ......... or in default of payment of
the said amount to undergo imprisonment for ................ days under Section
37 of Bihar, Prohibition and Excise Act, 2016.
Executive Magistrate
cum Judicial Magistrate, Second Class
..............................
Date:-
Place:-