Patna High Court
Sudhir Chaudhary vs The State Of Bihar on 6 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4631 of 2022
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Sudhir Chaudhary, S/o Jano Chaudhary, R/o Village - Jana, Neerpur, P.S. -
Sare, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar, Bihar, Patna.
2. The Principle Secretary, Excise Department, Government of Bihar, Patna.
3. The Excise Commissioner, Patna, Bihar.
4. The District Magistrate - Cum - Collector, Nalanda at Biharsharif.
5. The Superintendent of Police, Nalanda at Biharsharif.
6. Sub-Divisional Police Officer, Sadar, Nalanda, Bihar.
7. Police Inspector, Asthawan Circle, Nalanda.
8. The S.H.O. Sare P.S., P.S. - Sare, District - Nalanda at Biharsharif.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad, Advocate
For the Respondent/s : Mr.Kumar Manish (SC5)
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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 : 06-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.4631 of 2022 dt.06-05-2022
Petitioner claims to be the owner of the sealed
premises.
Allegation is recovery of 90 litres of illicit liquor
from the premises of the petitioner.
It is submitted by learned counsel for the State that
during pendency of writ petition, there has been amendment in
Patna High Court CWJC No.4631 of 2022 dt.06-05-2022
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 of the premises, allow the inspection of
the premises as and when desired by the
authorities.
Patna High Court CWJC No.4631 of 2022 dt.06-05-2022
[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
Patna High Court CWJC No.4631 of 2022 dt.06-05-2022
vehicle, conveyance or premises.]
[Explanation 3: Such release shall not affect
the outcome of trial, if any, before the Special Court.]"
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 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.
With said observation and direction, this writ petition
is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
CAV DATE
Uploading Date
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