IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11476 of 2023
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Nagendra Sah S/o Late Ramnath Sah Resident of Gauspur Izara, P.S.- Hajipur Sadar, District- Vaishali.
... ... Petitioner/s Versus
1. The State of Bihar through the Additional Chief Secretary, Department of Excise, Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Vaishali.
4. The Additional District Magistrate, Vaishali.
5. The Superintendent of Police, Vaishali.
6. The Station House Officer, Hajipur Sadar, Police Station, District- Vaishali.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad (GP-7) Ms. Supragya, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 22-08-2023 Heard learned counsels for the parties.
2. In the instant petition, petitioner has prayed for following reliefs:-
"To issue a writ in the nature of Certiorari setting aside the order dated 31.05.2023 (Annexure- 4(P)) passed by Respondent No-1 The Additional Chief Secretary, Department of Excise, Bihar, Patna passed in Excise Revision Case No-
17/2023 affirming the order dated 26/03/2023 passed by the Excise Patna High Court CWJC No.11476 of 2023 dt.22-08-2023 2/4 Commissioner, Patna in Confiscation Appeal No- 13/2023 affirming the order dated 26.09.2022 passed by Additional District Magistrate, Vaishali at Hajipur in Confiscation case No- 37/2022-23, directed the petitioner, petitioner should deposit the amount as Rs.- 3,00,000/-
otherwise the land of the petitioner bearing Khata No.- 455, Jamabandi No.- 1503, Khesara No.- 571, thana No.- 51, Area 6 ½ Dismal situated at village Gauspur Izara, P.S.- Hajipur Sadar, District - Vaishali will be confiscated.
That the petitioner further prays for issuance of writ/ writs, order/ orders, direction/ directions in his favour which this Hon'ble Court may deem fit and proper in the fact and circumstances of this case."
3. The petitioner and others were illegally holding 363 litres of Indian made foreign liquor in the premises bearing Khata No.- 455, Jamabandi No.- 1503, Khesara No.- 571, thana No.- 51, Area 6 ½ Dismal situated at village Gauspur Izara, P.S.- Hajipur Sadar, District - Vaishali and it was confiscated in Vaishali Sadar P.S. Case No. 221 of 2021. Thereafter, petitioner was subjected to confiscation Case No. 37/2022-2023. It was decided against the petitioner on 26.09.2022 to the extent that petitioner has been penalized and asked to deposit a sum of Rs. 3 lacs, otherwise subject- Patna High Court CWJC No.11476 of 2023 dt.22-08-2023 3/4 matter of the land would be confiscated and auctioned. Feeling aggrieved by the confiscation proceedings petitioner preferred Excise Appeal No. 13/ 2023 and it was decided against the petitioner on 06.03.2023 while affirming the order of the confiscating authority. Thereafter, petitioner has exhausted remedy of revision bearing Excise Revision Case No. 17/2023 in which also revisional authority affirmed the orders of confiscating and appellate authority on 31.05.2023. Hence, the present writ petition.
4. Learned counsel for the petitioner submitted that petitioner's submission was not considered by the confiscating authority. On the other hand, perusal of Annexure-2 it is evident that petitioner has expressed that he preferred to pay fine. In this regard, learned counsel for the petitioner submitted that depositing of Rs. 3 lacs would be too harsh and it is not commensurate with the seized material of 363 litres of liquor.
5. Perusal of confiscating authority's order, appellate and revisional authoritys' order it is evident that there is no infirmity so as to interfere with the quantum of penalty of Rs. 3 lacs with reference to quantum of liquor seized to the extent of 363 litres.
Patna High Court CWJC No.11476 of 2023 dt.22-08-2023 4/4
6. Having regard to these facts and circumstances, petitioner has not made out a case so as to interfere with the impugned orders. Accordingly, the present writ petition stands dismissed.
7. If the concerned authority has not yet proceeded with the auction proceedings, petitioner shall be given an opportunity for depositing Rs. 3 lacs, if petitioner intends to resolve the matter.
(P. B. Bajanthri, J) (Arun Kumar Jha, J) rakhi/-
AFR/NAFR CAV DATE N.A. Uploading Date 25.08.2023 Transmission Date N.A.