Patna High Court
Bigul Chaudhary @ Baleshwar ... vs The State Of Bihar on 5 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11044 of 2022
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Bigul Chaudhary @ Baleshwar Chaudhary S/o radhe Chaudhary, R/o Village-
Vishunpur, Ahiyachak Ke tola, P.S.- Bind, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Govt. of Bihar, Patna.
2. The Collector-cum-District Magistrate, Nalanda.
3. The Addl. Collector-cum-Addl. District Magistrate, Nalanda.
4. The Superintendent of Police, Nalanda.
5. The Superintendent of Excise, Nalanda.
6. The S.H.O. Bind Police Station, District- Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Kumar, Advocate
For the Respondent/s : Mr.Vikash Kumar (S.C.11)
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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 : 05-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.11044 of 2022 dt.05-08-2022
Petitioner has approached this Court without
exhausting the statutory remedy of appeal/revision against the
impugned order, as such, petitioner is granted liberty to avail the
remedy of appeal/revision against the confiscation order passed
by the Confiscating Authority- cum- District Magistrate, before
the Appellate Authority/revisional authority and, if any, such
appeal/revision is filed within 4 weeks then appellate
Patna High Court CWJC No.11044 of 2022 dt.05-08-2022
authority/revisional authority shall condone the delay in filing
the appeal/revision and shall decide the appeal/revision on its
own merit preferably within 8 weeks from the date of its filing.
During pendency of appeal, the confiscated
vehicle/property 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
12(B) has been inserted which reads as under:-
"12B. Release of Premises on Payment of
Penalty: - (1) If any premises or part thereof has been seized
or sealed by any police or excise officer under the Act, then
in terms of section-57B (2) of the Act, the Collector or an
officer authorized by him, upon receipt of an application in
Form V from the owner of the said premises, may release or
unseal the said premises or part thereof 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 premises or the owner is not
coming forward, the Collector or the officer authorized by
him shall, after waiting for 15 days from the date of
seizure/sealing, proceed to confiscate the premises as per the
provisions of the Act.
(2) 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, location
of the premises and the quantum of intoxicant recovered
while deciding the quantum of fine to be paid by the
individual. However, the fine shall not be less than Rs. one
Lakh in any case. In any case, the Collector shall not wait
beyond 15 days from the date of seizure/sealing 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 premises
shall not be in the public interest, the Collector or the officer
authorized by him shall proceed ahead with the confiscation
Patna High Court CWJC No.11044 of 2022 dt.05-08-2022
of the said premises or part thereof and its subsequent
auction/disposal.
(4) Such penalty shall be, regardless of the outcome
of the trial if any, before the Special Court, non-refundable.
(5) The owner of the Premises shall, after the
release of the premises, allow the inspection of the premises
as and when desired by the authorities.
[Explanation: In all pending/ongoing cases of
confiscation/ auction of premises, the Collector or the officer
authorized by him may give an opportunity to the existing
owner to pay the aforesaid penalty and get the premises
released. Upon satisfaction of ownership and upon payment
of such penalty, the ongoing confiscation/auction proceeding
may be dropped and the premises released.]"
In view of amendment in the Excise Act, and same
being applicable in pending case, it shall be open for the
petitioner to get his/her house unsealed after making payment of
penalty in terms of Rule 12(B) inserted by amending Bihar
Prohibition and Excise Rules, 2021.
With aforesaid observation and direction, the writ
petition stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
