Patna High Court
Madhuri Prasad vs The State Of Bihar on 6 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4573 of 2022
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Madhuri Prasad Son of Late Raghu Nandan Prasad Resident of Village - K.D.
Bukbuka, P.S. - Khalari, District- Ranchi (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar, Through the Principal Secretary, Department of Excise,
Government of Bihar, Patna.
2. The District Magistrate, Gaya.
3. The Assistant Commissioner, of Excise, Gaya.
4. The Senior Superintendent of Police, Gaya.
5. The Officer in - charge of Khizarsarai Police Station, District- Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shivendra Prasad, Advocate
For the Respondent/s : Mr.Kumar Manish ( SC 5 )
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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.4573 of 2022 dt.06-05-2022
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
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
Patna High Court CWJC No.4573 of 2022 dt.06-05-2022
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-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
Patna High Court CWJC No.4573 of 2022 dt.06-05-2022
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.
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
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