Patna High Court
Manish Kumar vs The State Of Bihar on 10 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6660 of 2022
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Manish Kumar S/o Mohan Pasi Resident of Village- Surahia, P.S.- Barharia,
District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise, Govrenment of
Bihar, Patna.
2. The Principal Secretary, Excise, Government of Bihar, Patna.
3. The Excise Commissioner, Bihar, Patna.
4. The District Magistrate, Siwan.
5. The District Public Grievance Redressal Officer, Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Pandey, 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 : 10-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.6660 of 2022 dt.10-05-2022
Petitioner has approached this Court without availing the
statutory remedy of revision against the impugned order, as
such, liberty is granted to petitioner to file revision against the
impugned order before the Revisional Authority and if any such
revision is filed within 4 weeks, then revisional authority shall
condone the delay in filing the revision as the matter remain
pending before this Court and shall decide the revision petition
on its own merit preferably within 8 weeks from the date of its
filing.
During pendency of revision, the confiscated
vehicle/property 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(B) and 57(B) 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
Patna High Court CWJC No.6660 of 2022 dt.10-05-2022
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.
[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.]"
Patna High Court CWJC No.6660 of 2022 dt.10-05-2022
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-
[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 of 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 the case.
Patna High Court CWJC No.6660 of 2022 dt.10-05-2022
With aforesaid observation and direction, the writ
petition stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
