TLA Lawyer Ms. Namgyal Tsekey, assisted a Tibetan man arrested for Alcohol possession under Section 30 (a) of Bihar Prohibition and Excise Act 2016 at Bodh Gaya during Kalachakra
Case No 27/2017: A Tibetan named Pema XXXXXX from Nepal was arrested for possession of two bottle of Johny Walker Black Label Blended scotch Whiskey Alcohol at Bodh Gaya during the Kalachakra on 9.1.2017 at Hotel Embassy and was kept under police custody (Police Lock up) for one day and after having produced before the court the next day, was sent for judicial custody (Jail) on 10.1.2017. He was under Judicial custody since 10.01.2017. It is true that he was ignorant about prohibition of Alcohol in Bihar, which is of recent development.
Note: The difference between police custody and Judicial custody is that When a person is arrested, he is detained under police lock up, i.e police custody for investigation, and he should be produced before the court within 24 hours and after that, Court then usually sent to Jail i.e under Judicial Custody, unless application was filed for police remand by the Investigating officer to complete the investigation.
Bihar Excise (Amendment) Act, 2016 is an Act of Bihar Legislative Assembly which prohibits manufacturing, bottling, distribution, transportation, accumulation, possession, purchase, sale or consumption of any type of liquor, intoxicating substance including bhang and medicines with alcoholic substance.
On meeting His Holiness the Dalai Lama at Gaya airport, the first thing Bihar Chief Minister Shri Nitish Kumar apprised His Holiness was about this new Law on prohibition of Alcohol. His Holiness the Dalai Lama hailed this liquor prohibition in the state and related this prohibition to the abstention of intoxication as one of the undertaking of 5 precepts of Buddhism during the 34th kalachakra .
TLA lawyer assisted in drafting the Bail application and assisted the local lawyer to move the Application on dated 12.2.2017 before the Chief Judicial Magistrate, Gaya .
Ms. Namgyal Tsekey attended the hearing on the said Bail Application on 12.1.2017. The argument was made that the petitioner/accused is innocent, is a foreign national and a resident of Nepal, who was not aware of prohibition of alcohol in Bihar and secondly, it was a gift and was not intended for sale, nor for consumption as he was attending the Kalachakra initiation.Further assured that the petitioner will not abscond nor tamper with the evidence. The case was adjourned to 21.1.2017 for summoning of the police diary and was set to be decided on 23.1.2017 after getting Police Diary.
Today on 23.01.2017, the TLA was informed by the lawyer at Gaya representing the accused being released on Bail on bail bond of Rupes 10,000 with two sureties of the like amount each.