Patna High Court
Pramod Chaudhary vs The State Of Bihar on 5 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10968 of 2022
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Pramod Chaudhary S/o Late Chhote Chaudhary, R/o Village- Mai, P.S.-
Parwalpur, District- Nalanda at present 679, Swastik Nagar, Mohalla-
Vidyapuri Town, P.S.- Jhumri Tilaiya, District- Kodarma (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The Commissioner, Excise Department, Government of Bihar, Patna.
3. The District Magistrate-cum- Collector, Nalanda at Biharsharif.
4. The Superintendent of Police, Nalanda at Biharsharif.
5. Sub- Divisional Police Officer, Sadar, Nalanda, Bihar.
6. Police Inspector, Hilsa, Nalanda.
7. The S.H.O. Parwalpur P.S., P.S.- Parwalpur, District- Nalanda at Biharsharif.
... ... Respondent/s
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(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice /Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their residences
/offices.)
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad, Adv
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 )
Date : 05-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.10968 of 2022 dt.05-08-2022
Petitioner claims to be the owner of the confiscated
house.
Recovery of 22 litre of illicit liquor was made from the
Patna High Court CWJC No.10968 of 2022 dt.05-08-2022
house of the petitioner.
It is submitted by learned 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) as well as 57B have 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 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
Patna High Court CWJC No.10968 of 2022 dt.05-08-2022
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.]"
57B-Things or premises liable to be released
upon penalty-
(1) Any animal, vehicle, vessel or other
conveyance used for committing any offence punishable
under this Act that has been seized by any police Officer or
Excise Officer may be released by the Collector upon
payment of such penalty as may be notified by the State
Government.
(2) Any premises or part thereof used for
committing any offence punishable under this Act that has
been seized by any police Officer or Excise Officer may be
released by the Collector upon payment of such penalty as
may be notified by the State Government.
(3) If the person concerned does not pay the
penalty, then the Collector shall proceed to confiscate the
said animal, vehicle, vessel or other conveyance and
premises as per section-58.
[Explanation 1: It shall not be a right of the
accused to get his conveyance, item or premises released
upon payment of the required penalty. The Collector, based
upon a report by a police Officer or an Excise Officer, may,
for reasons to be recorded in writing, still refuse to release
the said conveyance, item or premises and proceed ahead
with confiscation and auction/destruction.]
[Explanation 2: The Collector shall, from the date
of this Amendment coming into force, close the on-going
confiscation proceeding if the person concerned pays the
penalty as notified and release such vehicle, conveyance or
premises.]
[Explanation 3: Such release shall not affect the
outcome of trial, if any, before the Special Court.]"
In said view of the matter, the writ petition is disposed
Patna High Court CWJC No.10968 of 2022 dt.05-08-2022
of with liberty to petitioner to avail the remedy of the amended
provision 12(B) and 57B of the Bihar Prohibition & Excise
(Amendment) Rules, 2022. It is made clear that this Court has
not expressed any opinion with respect to merit of case.
Equally, liberty reserved to petitioner to approach this
Court for same and subsequent cause of action, if so arises.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
