Supreme Court of India · 2019-07-01
SATVINDER SINGH @ SATVINDER SINGH SALUJA vs THE STATE OF BIHAR
- Citation / case number
- SC 2018/19901
- Court
- Supreme Court of India
- Petitioner
- SATVINDER SINGH @ SATVINDER SINGH SALUJA
- Respondent
- THE STATE OF BIHAR
- Author
- HON'BLE MR. JUSTICE ASHOK BHUSHAN
- Bench
- HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ASHOK BHUSHAN
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellants' application under Section 482 Cr.P.C. challenging the cognizance taken by the Chief Judicial Magistrate under Section 53(a) of the Bihar Excise (Amendment) Act, 2016. The Court found that the appellants, while traveling in a private vehicle, were subject to a breath analyzer test that indicated alcohol consumption, thus satisfying the conditions of the statute. The Court clarified that the definition of 'public place' under Section 2(54) of the Bihar Prohibition and Excise Act, 2016 includes private vehicles, affirming the legality of the cognizance taken by the Magistrate.