Patna High Court
Sudhir Kumar vs The State Of Bihar on 6 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5158 of 2022
======================================================
Sudhir Kumar Son of Surendra Pandit Resident of Village-Bhojdih, P.S.-
Ariyari, District-Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secreary, Excise and Prohibition
Department, Government of Bihar, Patna.
2. The Additional Chief Secrerary, Excise, Bihar, Patna.
3. The Excise Commissioner, Bihar, Patna.
4. The District Colector, Sheikhpura.
5. The Superintendent of Police, Sheikhpura.
6. The S.H.O., Sheikhpura Police Station, District-Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Anand, Advocate
For the Respondent/s : Mr.Kumar Manish (Sc5)
======================================================
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 : 06-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.5158 of 2022 dt.06-05-2022
Petitioner claims to be the owner of the seized vehicle.
Allegation is recovery of 9 liters of illicit liquor from
the seized vehicle of the petitioner.
Patna High Court CWJC No.5158 of 2022 dt.06-05-2022
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(A) as well as 57B have 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
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-
Patna High Court CWJC No.5158 of 2022 dt.06-05-2022
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.]
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
of with liberty to petitioner to avail the remedy of the amended
provision 12(A) and 57B of the Bihar Prohibition & Excise
Patna High Court CWJC No.5158 of 2022 dt.06-05-2022
(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 need so
arises.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
