Section-37 (Penalty for consumption of liquor) of Bihar Prohibition and Excise Act, 2016, as further amended by Act, 8 of 2018, shall be substituted by the following:- "37- Penalty for consumption of liquor –
(1) Whoever, in contravention of this Act or the rules, notification or order made there under consumes liquor or intoxicant at any place or is found drunk or found under influence of any intoxicant, within any premises or outside, shall be arrested immediately and produced before the nearest Executive Magistrate. He shall however be released if he pays a penalty as may be notified by the State Government.
Failure to pay such penalty shall invite a simple imprisonment of one month. Any intoxicant found in his possession shall be seized and destroyed as per section-57.
8 ॢबह�र गजट [स�ध�रण�� 1 [ �ल 2022
Provided that, in case of repeat offenders, the State Government may, by notification, prescribe additional penalty or imprisonment or both.
[Explanation 1:- It shall not be a right of the accused to be released upon payment of the required penalty. The Executive Magistrate, based upon a report by a police officer or an excise officer, may, for reasons to be recorded in writing, still refuse to release the accused on payment of penalty and commit him to such custody as he deems fit.]
[Explanation 2:- Such release shall not affect the outcome of the trial, if any, before the Special Court.]
(2) All offences under this section shall be disposed of through the procedure of summary trial by an Executive Magistrate who shall exercise the powers of judicial Magistrate second class for the purpose of this section. The State Government shall appoint such Executive Magistrate in consultation with the High Court.
(3) The enquiry of cases under this section shall be conducted by an excise officer or a police officer not below the rank of Assistant Sub- Inspector.
(4) Any person accused of committing offence under this section also commits an offence punishable under any other Act, then he shall also face the consequences as mentioned under that Act."
5. Deletion of Sub-Section (2) of section-39 of Bihar Prohibition and Excise Act,
2016.— Sub-Section (2) of Section-39 (Penalty for consumption of liquor in chemist's shop) of Bihar Prohibition and Excise Act, 2016 shall be deleted.