#deemed possession

The Patna High Court has ruled that recovery of liquor from a joint family home cannot sustain a charge under the Bihar Excise Act after the 2018 amendment eliminated deemed possession. Without evidence linking the accused to exclusive control or knowledge of the contraband, mere presence in a shared dwelling is insufficient for prosecution - a critical safeguard for innocent family members caught in excise raids.

Patna High Court rules that the 2018 amendments to the Bihar Prohibition and Excise Act eliminate the doctrines of deemed possession and presumed offender, requiring independent evidence to implicate third parties. The court granted anticipatory bail, emphasizing that custodial confessions alone cannot establish guilt without corroborative proof, marking a significant shift in excise law enforcement.