Patna High Court
Arjun Kumar @ Arjun Yadav vs The State Of Bihar on 11 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6549 of 2022
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Arjun Kumar @ Arjun Yadav S/o Late Badhar Yadav Resident of Village -
Ward no. 5, Ratanpura, P.S. and District - Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner (Excise), Government of
Bihar, Patna.
2. The Commissioner (Excise), Government of Bihar, Patna.
3. The Collector, Madhepura.
4. The Additional Collector cum Additional District Magistrate, Madhepura.
5. The Superintendent, Prohibition and Excise, Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For the Respondent/s : Mr.Vikash Kumar (Sc11)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 11-05-2022
Heard learned counsel for the parties.
The petitioner has prayed for the following
relief/s :-
Patna High Court CWJC No.6549 of 2022 dt.11-05-2022
It has been submitted by learned counsel for the
petitioner that final order of confiscation has been passed by
the confiscating authority in Confiscation Case No. 102 of
2020 and his property has been ordered to be confiscated.
In view of the above, the writ petition is disposed
with liberty to the petitioner to file a petition for recall of ex
Patna High Court CWJC No.6549 of 2022 dt.11-05-2022
parte order and if the confiscating authority comes to a
finding on the basis of records that there was no proper and
valid service of notice upon the petitioner, he may recall the
ex parte order and shall pass a fresh order after affording
opportunity to the petitioner to file his show cause and shall
pass final order after hearing all the parties.
However, if the Confiscating Officer finds that in
spite of valid service of notice, petitioner did not contest the
proceeding, he shall dismiss the recall petition and petitioner
shall have liberty to file appeal against the order of
confiscation of land passed by the Confiscating Authority
before the Appellate Authority, who shall decide the appeal in
accordance with law.
During confiscation/Appellate proceeding,
confiscated property/vehicle shall not be 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) has been inserted which reads 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.6549 of 2022 dt.11-05-2022
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
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.]"
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 house unsealed in terms of Rule 12(B)
inserted by amending Bihar Prohibition and Excise Rules, 2021.
Patna High Court CWJC No.6549 of 2022 dt.11-05-2022
With said observation and direction, this writ petition
is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 18.05.2022
Transmission Date
