Patna High Court
Shambhu Nath Lal vs The State Of Bihar on 10 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6613 of 2022
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Shambhu Nath Lal, S/o Shri Katho Lal, resident of Village-Chutti Bazar, P.S.-
Giridih, District-Giridih, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Prohibition and Excise, Vikas Bhawan, Bailey Road, Patna-800001.
2. The Collector-cum-District Magistrate, Jamui.
3. Excise Superintendent, Excise and Prohibition Department, Jamui.
4. The Officer-in-Charge cum Sub-Inspector of Police, Chakai Police Station,
District-Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Navendu Kumar, Adv
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 )
Date : 10-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
It is submitted by learned counsel for the petitioner that
against the order of confiscation and appeal, petitioner has filed
Revision before the Revisional Authority which is still pending.
Patna High Court CWJC No.6613 of 2022 dt.10-05-2022
In view of the above, the writ petition is disposed of
with a direction to the Revisional Authority to decide the
Revision Application filed by the petitioner within 15 days from
the date of production/receipt of a copy of the order passed by
this Court.
During pendency of Revision application the vehicle
shall not be auction sold, if not already auction sold.
OR
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) 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 from the date of
seizure, shall proceed to confiscate and auction the
vehicle as per the provisions of the Act.
Patna High Court CWJC No.6613 of 2022 dt.10-05-2022
(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
Patna High Court CWJC No.6613 of 2022 dt.10-05-2022
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
being applicable in pending cases, it shall be open for the
petitioner to get his/her vehicle released 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.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
