Patna High Court
Jyoti Devi vs The State Of Bihar on 10 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5349 of 2022
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1. Jyoti Devi, W/o Sri Mukesh Sah @ Mukesh Kumar Sah
2. Mukesh Sah @ Mukesh Kumar Sah, S/o Late Bhuneshwar Sah,
Both resident of Mohalla - Vijay Nagar, P.S. - Banka, District - Banka.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Chief Secretary, Excise Department, Government of Bihar,
Patna.
3. The Excise Commissioner, Excise Department, Government of Bihar, Patna.
4. The District Magistrate - Cum - Collector, Banka.
5. The Sub- Divisional Magistrate, Banka.
6. The Superintendent of Police, Banka.
7. The Excise Superintendent, Banka.
8. The Inspector of Police, Banka Police Station, Banka.
9. The Station House Officer, Police Station - Banka, District - Banka.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajiv Kumar Singh, 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)
Date : 10-05-2022
Heard learned counsel for the parties.
Petitioners have prayed for following relief:-
Patna High Court CWJC No.5349 of 2022 dt.10-05-2022
Patna High Court CWJC No.5349 of 2022 dt.10-05-2022
Petitioners claim to be the owner of the seized premises.
Allegation is recovery of 27 litre of illicit liquor from
the seized house of the petitioners.
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 read as under:-
"12B. Release of Premises on Payment of
Penalty: - (1) If any premises or part thereof has been seized
Patna High Court CWJC No.5349 of 2022 dt.10-05-2022
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.
[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
Patna High Court CWJC No.5349 of 2022 dt.10-05-2022
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-
[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
Patna High Court CWJC No.5349 of 2022 dt.10-05-2022
of with liberty to petitioners 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.
Equally, liberty reserved to petitioners to approach this
Court for same and subsequent cause of action, if need so arises
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.05.2022
Transmission Date NA
