Patna High Court
Kumari Punam, Proprietor Of M/S Siddhi ... vs The State Of Bihar , Through The Director ... on 9 September, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1405 of 2017
Arising Out of PS. Case No.-34 Year-2017 Thana- RAMKRISHNANAGAR District- Patna
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1. Kumari Punam, Proprietor of M/s Siddhi Enterprises Having its registered
office at Dr. J.P. Complex, New Bus Stand Mithapur, Dhelwan Chowk, P.s.-
Ramkrishanagar, Bigrahpur, Patna
2. Rajeev Ranjan, Son of Late Ram Chandra Sao, Postal Park Chowk, P.S.-
Kankarbagh, Chiraiyatand, Patna- 800001.
3. Ramesh Kumar, Son of Biteshawar Ray, Water Tower, Road No. 1, Quarter
No. 1, Police Station- Kotwali, District and Town Patna- 800001.
... ... Petitioners
Versus
1. The State Of Bihar , Through The Director General Of Police, Bihar , Patna
Bihar
2. The Principal Secretary, Prohibition, Excise and Registration Department,
Bihar, Patna.
3. The Senior Superintendent of Police, Patna.
4. The Excise Commissioner, Bihar, Patna.
5. The Assistant Commissioner, Excise, Patna.
6. The Officer In-Charge, Ram Krishna Nagar Police Station, Patna.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Arvind Kumar Tewary, Advocate
Ms. Akanksha Verma, Advocate
For the State : Mr. Nalin Vilochan Tiwary, Advocate
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 09-09-2025
Heard both sides.
2. In the instant writ application, petitioners seek
following relief(s):-
(i) For issuance of an
appropriate writ, order or direction for
quashing of First Information Report of
Ramkrishna Nagar Police Station Case
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
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No. 34 of 2017 instituted for the alleged
offences punishable under Section 419
and 420 of the Indian Penal Code and
Section 30(a), 35(c) and 32 of the Bihar
Excise and Prohibition Act.
(ii) For issuance of an
appropriate writ, order or direction
commanding and directing the
respondents to unseal the premises of
the petitioner which has been sealed
pursuant to institution of Ram Krishna
Nagar Police Station Case No. 34 of
2017 and restore its possession with all
the articles stored therein.
(iii) For restraining the
respondent from taking coercive actions
against the petitioner in the garb of
regulating the business in exercise of
power conferred under Bihar
Prohibition and Excise Act, 2016 (in
short of the Act).
(iv) For any other relief
or reliefs for which the petitioner found
entitled too.
3. Briefly stated facts of the present case is that a
news item was published in daily news paper "Dainik Bhaskar"
dated 09.02.2017 that in the name of energy drink, beer was
being sold. It is alleged that the name of alleged energy drink is
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
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similar to that of "Thunder Bolt" and "Kingfisher" and it was
published in the daily newspaper that during test of the said
energy drink, 4% to 5% alcohol content was found. It is further
alleged that Excise Superintendent, Madhubani informed that
Energy Drink was being sold and distributed by M/S. Siddhi
Enterprises, Bigrahpur, Patna. Thereafter, Excise Inspector and
two sub inspectors conducted raid and different beverages of
WFM Super Strong 10000 and 100000, Thousand Bolt, Kalalon
Golden, Kingfermer were found. It is alleged that Sales
Manager - Ramesh Kumar and Accountant - Rajiv Ranjan were
apprehended on the spot. It is further alleged that beverage
containing alcohol (beer) was being sold in the name of energy
drink and owner and staffs of said firm are misusing by using
bottles in the shape and name of bottles that resembles branded
beer.
4. Learned counsel for the petitioners has limited
grievance towards quashing of FIR. Learned counsel for the
petitioners has relied upon a similar and identical decision of
this Hon'ble Court rendered in the case of M/S Smart India
Marketing Proprietorship and Anr. Vs State of Bihar and Ors.
(Criminal Writ Jurisdiction Case No. 627 of 2017 ) reported in
2018 (3) PLJR 165 and the said decision has been affirmed by
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
4/15
the Hon'ble Supreme Court in S.L.P. No(s). 600 of 2018
(arising out of Cr.WJC. No. 627 of 2017) ( State of Bihar and
Ors. Vs. M/S Smart India Marketing Proprietorship and Anr.).
He further submits that petitioners are supplier of energy drink
and the alleged items namely WFM Super Strong 10000 and
100000, Thousand Bolt, Kalalon Golden, Kingfermer were
seized by Excise Officials throughout the State of Bihar and it
was sent to Excise Chemical Analyst, Bihar, Patna and the
content of ethyl alcohol was found to be 0.2% v/v to a
maximum of 0.4% v/v as mentioned in Annexure 12 of the
instant writ application.
5. He further submits that firm of petitioner no. 1
has got valid license from the Deputy Director (F & VO); N.R.,
Ministry of Food Processing Industries, New Delhi since 1998
itself, as contained in Annexure 2 of the instant writ application.
He further submits that even before the launch of said products
by the company, the beverages were tested and found to be non-
alcoholic and the Government also got it tested and sample was
sent by the Sub-Inspector Excise, Sadar Western Circle to the
laboratory and the product was found to be non-alcoholic and
report to this effect was sent on 06.09.2016, as annexed in
Annexure 4 of the instant writ application. He further submits
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
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that the product of the WFM Food Products are marketed by
Shrinaath Traders and vide its letter dated 18.12.2016
(Annexure 5 to the present writ application) appointed the firm
of the petitioner no. 1 M/S Siddhi Enterprises, as Marketer for
the entire State of Bihar of the products namely WFM Super
Strong 10000 and 100000, Thousand Volt, Kalalon Golden
500000, Kingfermer. He further submits that M/S Siddhi
Enterprises also has a License issued on 31.01.2017 by the
Department of Health and Family Welfare, Government of
Bihar, under the State Food Safety Authority, under FSS Act,
2006, which has been granted for the period from 31.01.2017 to
30.01.2020
(Annexure 7 to the instant writ application). He
further submits that the products of the WFM Food Products
were sent through the Shrinaath Traders, under valid challans
and bills on different dates and some of the bills and receipts of
the weighing units, established by the Government are annexed
as Annexure 8 series of the instant writ application. He further
submits that the Excise Officials are harassing the petitioners
and, thus, the petitioner no. 1 (proprietor of the firm) wrote
letter dated 18.01.2017 to the Excise Commissioner, Bihar to get
the products examined at the Government Laboratory, as the
product was non-alcoholic and the same was duly received on
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
the same day in the office of the Excise Commissioner
(Annexure 9 to the instant writ application). He further submits
that again petitioner no. 1 wrote letter dated 08.02.2017 to the
Excise Commissioner, Bihar, Patna for taking samples and
sending the same for government analysis, (Annexure 10 to the
instant writ application). He further submits that sample was
collected by the Officers of the Food Safety Authority,
Darbhanga and was sent to the Government authorized test
center, Mitra S.K. Private Limited, Kolkata on 28.03.2017 and
vide report dated 16.02.2017 ( Annexure 11 to the instant writ
application) the product was tested and no alcoholic content was
found in it. He further submits that report was sent to respective
excise officials of all districts of Bihar and in all such report
ethyl alcohol content was found to be 0.2% v/v to maximum of
0.4% v/v, (Annexure 12 series to the instant writ application).
He further submits that even if the entire prosecution story is
taken into account, the goods of the petitioners are non alcoholic
beverage and it does not fall under the ambit of the Bihar Excise
and Prohibition Act. Learned counsel for the petitioners submits
that the facts of the Cr. WJC. No. 627 of 2017 (M/S Smart India
Marketing Proprietorship and Anr. Vs. The State of Bihar &
Ors.) is totally identical with the present case and in the light of
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
the aforesaid decision, no offence as alleged in the FIR is made
out against the petitioners and, hence, the FIR is liable to
quashed. He further submits that during the course of pendency
of instant writ application the premises have already been de-
sealed by the Officer In-charge Ramkrishna Police Station, upon
the order of Collector, Patna. He further submits that samples of
petitioner's product, which was seized from different districts,
were tested on different dates and the last test was conducted on
14.02.2017. He further submits that the materials which were
seized, was not fair as it is not on record as to what is the source
that the material which was seized from the petitioner's product
were tested or some other material were tested.
6. Learned counsel for the petitioners has
produced BIS specification of carbonated beverages non-
alcoholic beer and the same is not disputed by the learned
counsel for the respondent. Hence, is being reproduce below:-
Indian Standard
CARBONATED BEVERAGES -
NON-ALCOHOLIC BEER - SPECIFICATION
1 SCOPE Amount of saccharin in the
This standard prescribes the product shall not exceed by
requirements and methods of 100 mg/kg when determined
sampling and test for non- by the method given in
alcoholic beer. Annexure A of IS 2346 : 1973.
2 REFERENCES 4.5 Freedom from Added
Colouring Matter
The Indian Standards listed in
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
Annexure A are necessary Non-alcoholic beer shall be
adjuncts to this standard. free from any artificial colour
except caramel.
3 TERMINOLOGY
3.1 Non-Alcoholic Beer 4.6 Freedom from Added
Alcohol
It is a beverage containing less
than 0.5 percent ethyl alcohol Non-alcoholic beer shall be
by volume. free from any added alcohol.
4 REQUIREMENTS 4.7 Carbon Dioxide Content
4.1 General Non-alcoholic beer shall be
charged with carbon dioxide
Non-alcoholic beer shall be the before bottling.
product of alcoholic
fermentation or otherwise of a 4.8 Pasteurisation
mash in potable water of
malted barley and hops or Bottled non-alcoholic beer
concentrate of hops with or shall be effectively
without the addition of other pasteurized, if required.
malted or unmalted cereals or
other carbohydrate 4.9 Organoleptic
preparations. Requirements
Non-alcoholic beer shall be
4.2 Freedom from Harmful clear and have the
Ingredients characteristic colour, taste,
Non-alcoholic beer shall be bouquet and foam of its type.
free from any ingredients
injurious to health. 4.10. Hygienic Conditions
Non-alcoholic beer shall be
4.3 Preservatives manufactured in premises built
Non-alcoholic beer may and maintained under hygienic
contain preservatives permitted conditions in accordance with
under the Prevention of Food IS 5837: 1970
Adulteration Rules, 1954.
4.11 The material shall also
4.4 Artificial Sweetners conform to the requirements
given in Table 1.
Non-alcoholic beer shall be
free from artificial agents
except saccharin.
Sl. No. Characteristic Requirement Method of test,
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
Ref to
(1) (2) (3) (4)
(i) Ethyl alcohol content, 0.5 IS 3752:1988
percent by volume at 15/15C, Max
(ii) pH 3.5 to 4.5 IS 3865: 1978
(iii) Carbon dioxide,v/v 2.5 to 3.0 IS 2346: 1973
(iv) Residue on evaporation, percent(m/v) 5 to 10 IS 3752:1988
(v) Arsenic, mg/kg, Max 0.25 IS 6854:1973
(vi) Lead, mg/kg, Max 0.5 IS 6854:1973
(vii) Copper, mg/kg, Max 1.5 IS 6854:1973
(viii) Iron, mg/kg, Max 0.5 IS 6854:1973
(ix) Total plate count, per ml, Max 50 IS 5402:1969
(x) Co li form count, in 100 ml 0 IS 5401:1969
(xi) Yeast and mould count 2 IS 5403:1969
8. Learned counsel for the State submits that
samples of the products as mentioned in Annexure A were
collected from different districts of Bihar which on chemical
analysis by the Excise Chemist, Bihar, Patna have been found to
contain ethyl alcohol from 0.2% to 0.4% which is evident from
the report annexed as Annexure-12 to this writ petition. He
further submits that the samples of the product-liquid drink
contained in sealed bottles marketed by the petitioner's firm
seized from Patna godown and the same was tested on
31.03.2017 by the Forensic Science laboratory, Patna, Bihar
where ethyl alcohol content was found to be 2.24% v/v to
2.58%v/v which is evident from the report of the Forensic
Science Laboratory, Patna. Therefore, the variation of alcohol
content from 0.2% to 2.58% in beverages is in substance
intoxicating in nature (Annexure A of the counter affidavit filed
on behalf of Respondent No. 2, 4 and 5). He further submits
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
through paragraph 10 of the counter affidavit that as per the
prevalent prohibition policy, the State have zero tolerance
regarding beverages containing alcohol. From the report of the
Excise Chemist and FSL, it appears that the samples of the
products marketed by the petitioner's firm on chemical
examination have been found positive in alcoholic content in
varying percentage. It is submitted that selling of beverages
containing alcohol contents would defeat and frustrate the
uncompromising policy of prohibition imposed by the State
towards achieving its constitutional goal enshrined under article
47 of the Constitution of India. It is humbly submitted that the
percentage of ethyl alcohol found in the beverages is that of
lager beer quality. He further submits through paragraph 11 of
the counter affidavit that the provision of Section 13 read with
definition of 'alcoholic', intoxicant' and 'liquor' defined under
Sections 2(3), 2(40) and 2(44) of the Bihar Prohibition and
Excise Act unambiguously provides for complete prohibition of
all kind of beverages containing alcohol, irrespective of its
strength/volume. He further submits through paragraph 12 of
the counter affidavit that after imposition of complete
prohibition in the State of Bihar, the petitioner-firm started
marketing/selling beverages containing Alcohol of varying
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
degrees under the garb of fruit beer/ energy drinks and even the
products marketed by the petitioner's firm have been named as
'Kingfarmer', Kingfeemer', 'thousand Volt', which matches the
nomenclature of popular brands of Alcoholic Beer such as
Thunderbolt, Kingfisher etc. It is further submitted that the
petitioners passing of intoxicating beverages in bottles similar to
popular brands of beer under the garb of energy drinks.
9. It is necessary to discuss the relevant Laws
which reads as under:-
10. Section 2(3), Section 2(4) and Section 2(6) of
the Bihar Prohibition and Excise Act reads as under:-
Section 2(3) of the Act defines the word
"alcoholic" as follows:-
"2(3) "alcoholic" means
a solution or mixture containing alcohol
and being of any strength and purity."
Section 2(4) of the Act defines the term
"alcoholic beverage or portable liquor" as follows:-
"2(4) "alcoholic beverage or portable
liquor" means any beverage containing
alcohol in conformity with the BIS
standard which may be intoxicating and
is fit for human consumption."
Section 2(6) of the Act defines what is "BIS
Standard" as follows:-
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
"2(6) "BIS standards"
means standard prescribed by Bureau
of Indian Standards or the standards
prescribed by any other Central
Government authority, constituted
under the relevant Act."
10. It is well settled law that statutory provisions
cannot be read in isolation to gather the aim and object of the
legislature in bringing the Law in force. If the legislature would
have intended to put complete prohibition even on non-alcoholic
beverage as per the standard of BIS, there was no need to
incorporate clarification in the form of definition of the word
"alcoholic beverage or portable liquor" under Section 2(4) of
the Act. Only definition under Section 2(3) of the Act was
enough to fulfill the aforesaid desire.
11. On a careful consideration of the aforesaid
statutory provision, it is evident that what the Act prohibits is
the intoxicant or liquor containing alcohol of any strength and
purity, as per the definition of "alcoholic" under Section 2(3) of
the Act. Simultaneously, it does not prohibit sale etc. of the non-
alcoholic substances in conformity with the standard set by the
BIS in view of the definition and clarification contained under
Section 2(4)(6) of the Act.
12. In the present case, ethyl alcohol content is
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
not more than 0.4%v/v and only 0.2 % v/v to 0.4% v/v has been
found by the chemical analyst as per Annexure-12 series of the
instant writ application. Hence, this Court is concerned only
with alcoholic substance out of the different intoxicants.
Moreover, the Penal provision must be specific with all clarity.
In the present case, the Act specifies that alcoholic beverage or
portable liquors should confirm the standard fixed by BIS. Thus,
in my consideration, the petitioners were selling non-alcoholic
substance, according to the BIS standard. Hence, it cannot be
said that the petitioners have committed any offence under the
Act or the FIR discloses any offence much less any cognizable
offence said to be committed by the petitioners.
13. The law is settled that if the FIR does not
disclose a cognizable offence, it would be fit to be quashed for
the reason that its continuance would amount to an abuse of the
process of the law and would occasion failure of justice.
14. Learned counsel for the respondent has no
reason to dispute the Annexure - 12 series to the instant writ
application as the same was tested by Excise Chemical Analyst,
Bihar, Patna. It has already been submitted by the learned
counsel for the petitioners that in the earlier test no alcoholic
content was found as it was discussed in the foregoing
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
paragraph but the test which was conducted after near about one
month and fifteen days wherein alcoholic content was found for
which petitioner cannot be held liable as alcoholic content was
found on account of fermentation which had taken place due to
span of time. It has already been contended by petitioners'
counsel that materials which were seized was not fair as what is
the source that the material which was seized from the
petitioners' product were tested or some other material were
tested, it is not on record and material was doubtful as it was
already clarified in the earlier case on similar and identical issue
i.e. Cr. WJC No. 627 of 2017 (M/S Smart India Marketing
Proprietorship Vs. State of Bihar). The law is well settled that
the offence is to be determined on the date of its commission
and if on the date of seizure, the energy drink was not
containing any alcoholic substance, the offence was not
committed as per the provisions of the Act.
15. In the light of the aforesaid facts and
circumstances of the case and discussions made above, First
Information Report of Ramkrishna Nagar Police Station Case
No. 34 of 2017 is fit to quashed and, accordingly, the same
stands quashed.
16. Accordingly, the writ application stands
Patna High Court CR. WJC No.1405 of 2017 dt.09-09-2025
allowed.
17. Pending Interlocutory Applications, if any,
stands disposed of.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 13.09.2025.
Transmission Date 13.09.2025.
