Patna High Court Quashes FIR Against Energy Drink Supplier

Court Rules Non-Alcoholic Beverages Compliant with BIS Standards are Not Prohibited Under Bihar Prohibition and Excise Act

In a significant ruling, the Patna High Court, presided over by Justice Alok Kumar Pandey, has quashed the First Information Report (FIR) filed against Kumari Punam and others, over the alleged sale of beverages containing alcohol under the Bihar Prohibition and Excise Act, 2016. The court found that the ethyl alcohol content in the beverages in question, which ranged from 0.2% to 0.4% by volume, complied with the Bureau of Indian Standards (BIS) for non-alcoholic beverages and did not constitute a cognizable offence under the Act.

The case arose from allegations made in a news report that energy drinks similar to well-known beer brands like "Thunder Bolt" and "Kingfisher" were being sold with an alcohol content of 4% to 5%. The petitioner, M/S Siddhi Enterprises, was accused of marketing these beverages across Bihar. However, the court noted that the beverages were tested and found to have alcohol content well below the 0.5% threshold for non-alcoholic beer as per BIS standards.

The court emphasized that the Bihar Prohibition and Excise Act prohibits intoxicants or liquors with alcohol content exceeding BIS standards, but not non-alcoholic beverages that meet these criteria. The judgment aligns with a precedent set in the case of M/S Smart India Marketing Proprietorship v. State of Bihar, which was upheld by the Supreme Court.

The ruling also highlighted that the FIR did not disclose any cognizable offence, thereby constituting an abuse of the legal process. The court noted that the petitioners were operating within legal boundaries, with valid licenses from the Ministry of Food Processing Industries and the State Food Safety Authority.

This decision underscores the importance of adhering to BIS standards and clarifies that the sale of beverages with minimal alcohol content is permissible under the Act. The ruling is expected to have significant implications for businesses operating under similar circumstances in Bihar.

Bottom Line:

The sale of non-alcoholic beverages in conformity with BIS standards does not constitute an offence under the Bihar Prohibition and Excise Act, 2016. An FIR that does not disclose a cognizable offence is liable to be quashed. 

Statutory provision(s): Bihar Prohibition and Excise Act, 2016 Sections 2(3), 2(4), 2(6); Criminal Procedure Code, 1973 Section 482

Kumari Punam v. State of Bihar, (Patna) : Law Finder Doc Id # 2785662