Patna High Court
Rakesh Kumar Singh vs The State Of Bihar on 12 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18508 of 2021
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Rakesh Kumar Singh Son of Raj Kishore Singh Resident of Village- Sirsa
Ram Rai, P.S.- Lalganj, Dist- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Bihar, Patna.
2. The Collector cum District Magistrate, Vaishali at Hajipur.
3. The Superintendent of Excise, Vaishali at Hajipur.
4. The Superintendent of Police, Vaishali at Hajipur.
5. The Station Head Officer, Goraul Police Station, Dist- Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Respondent/s : Mr. Vivek Prasad, GP-7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 12-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.18508 of 2021 dt.12-05-2022
It has been submitted by learned counsel for the
petitioner that the respondents sent a notice in Confiscation
Case No. 17/2021 for appearance of the petitioner on
26.03.2021. However, the Confiscating Authority has passed
the impugned order of confiscation on 25.03.2021, i.e., one
day prior to the date fixed for appearance in Confiscation
Case No. 05/2020-21, directing for confiscation of his Swift
Dezire Car bearing Registration No. BR31X-0746.
In view of the above, we quash the order dated
25.03.2021 passed in Confiscation Case No. 05/2020-21
Patna High Court CWJC No.18508 of 2021 dt.12-05-2022
(Annexure-4).
The writ petition is disposed with liberty to
petitioner to appear before the Confiscating Authority/District
Magistrate, Vaishali on 23.05.2022 at 10:30 A.M., whereafter
the said authority shall proceed with the matter and pass a
fresh reasoned order within a period of ninety days from the
date of appearance of the petitioner, of course after affording
opportunity to the petitioner to file his show cause as also
after hearing all the parties.
Also, if aggrieved by the confiscation order,
petitioner shall have liberty to file appeal against the said
order 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(A) has been inserted which reads as under:-
"12. A. Release of Vehicles, Conveyance etc.
on payment of Penalty:- (1) If any vehicles,
Patna High Court CWJC No.18508 of 2021 dt.12-05-2022
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.
(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
Patna High Court CWJC No.18508 of 2021 dt.12-05-2022
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 being applicable in pending cases, it shall be open
for the petitioner to get his/her vehicle released in terms
Patna High Court CWJC No.18508 of 2021 dt.12-05-2022
of Rule 12(A) inserted by amending Bihar Prohibition
and Excise Rules, 2021.
(Sanjay Karol, CJ)
(S. Kumar, J)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 16.05.2022
Transmission Date
