Patna High Court
Sonu Kumar vs The State Of Bihar on 22 April, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1352 of 2022
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Sonu Kumar S/o Sunil Chaudahry @ Sunil Sah, Village-Kahar Toli Akhara,
P.O.-Begumpur, P.S.-Chauk, District-Patna. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Bihar Excise Prohibition
and Registration Department, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The Collector, Patna.
4. The Senior Deputy Collector, Patna.
5. The Superintendent of Police, Patna.
6. The Officer-in-Charge, Didsarganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sushil Kumar Jha, Advocate
For the Respondent/s : Mr.Vivek Prasad (Gp7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 22-04-2022
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
Patna High Court CWJC No.1352 of 2022 dt.22-04-2022
Petitioner has approached this Court without availing
the statutory remedy of revision against the impugned appellate
order, as such, liberty is granted to petitioner to file revision
against the appellate order before the Revisional Authority and
if any such Revision is filed within 4 weeks, then Revisional
Authority shall decide the revision petition preferably within 8
weeks from the date of its filing on its own merit.
During pendency of revision petition, confiscated
property / vehicle shall not be auction sold, if not already
auction sold.
OR
It is submitted on behalf of counsel for the State that
during pendency of writ petition, there has been amendment in
the Bihar Prohibition and Excise Rules, 2021 and a new Rule
Patna High Court CWJC No.1352 of 2022 dt.22-04-2022
12(A) has been inserted which reads as under:-
"12. A. Release of Vehicles, Conveyance etc. on
payment of Penalty:- (1) If any vehicles, conveyance,
vessel, animal etc. has been seized by any police or excise
officer under the Act, then in terms of section -57B(1) of
the Act, the Collector or an officer authorized by him upon
receipt of an application in Form IV by the owner of the
said conveyance or vehicle etc., may release the said
conveyance or vehicle upon payment of such penalty as
may be ordered by the Collector or the officer authorized
by him.
Provided, where it is not possible to ascertain the
owner of the vehicle or the owner is not coming to claim
the vehicle, the Collector or the officer authorized by him,
after waiting for 15 days from the date of seizure, shall
proceed to confiscate and auction the vehicle as per the
provisions of the Act.
(2) The penalty shall be 50% of the latest insured
value of vehicle/conveyance. The insured value is the value
of the vehicle as assessed by the insurance company.
Where, the insured value is not available or the Collector or
the officer authorized by him has reason to believe that the
vehicle is undervalued, he shall get the valuation done by
the District Transport Officer and 50% of that value shall be
the amount of penalty.
In any case, the Collector shall not wait beyond 15
days from the date of seizure and if during this period, the
accused/owner does not pay up the penalty, he shall
proceed with the confiscation/auction.
(3)Notwithstanding above, if on a report by police
officer or excise officer, the Collector or the officer
authorized by him is satisfied that releasing the vehicle or
conveyance shall not be in the public interest, he shall
proceed ahead with the confiscation of the said vehicle or
Patna High Court CWJC No.1352 of 2022 dt.22-04-2022
conveyance and its subsequent auction / disposal.
(4) Where the conveyance is such that its
valuation / insurance is not possible, the Collector or the
officer authorized by him shall impose such fine as he
deems fit. While imposing such fine, the Collector or the
officer authorized by him shall have due regard to the
economic status of the individual, nature of his involvement
in the crime and the quantum of intoxicant recovered.
(5) Such penalty shall be, regardless of the
outcome of the trial if any, before the Special Court, non-
refundable.
(6) The owner of the vehicle / conveyance shall,
after the release of the vehicle / conveyance, produce the
vehicle/ conveyance as and when required by the
authorities.
[Explanation:- In all pending / ongoing cases of
confiscation/auction of vehicles, the Collector or the
officer authorized by him may give an opportunity to
the existing owner to pay the aforesaid penalty and get
the vehicle released. Upon satisfaction about ownership
and upon payment of such penalty, the ongoing
confiscation/auction proceeding may be dropped and
the vehicle released.]"
In view of amendment in the Excise Act, and same
being applicable in pending cases, it shall be open for the
petitioner to get his/her vehicle released after making payment
of penalty in terms of Rule 12(A) inserted by amending Bihar
Prohibition and Excise Rules, 2021.
With said observation and direction, this writ petition
is disposed of.
Patna High Court CWJC No.1352 of 2022 dt.22-04-2022
Equally, liberty reserved to petitioner to approach this
Court for same and subsequent cause of action, if need so
arises.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.04.2022
Transmission Date NA
