Patna High Court
Ravindra Prasad Yadav vs The State Of Bihar on 12 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6207 of 2022
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Ravindra Prasad Yadav, Son of Yugal Prasad Yadav, Resident Village Bhirkhi,
Ward No. 21, P.S. - Madhepura, District - Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Secretory Cum Commissioner, Excise
Department Government of Bihar, Patna.
2. The Secretary Cum Commissioner, Department of Excise, Government of
Bihar, Patna.
3. Collector Cum District Magistrate, Madhepura.
4. Deputy Collector, Madhepura.
5. The Superintendent of Excise, Madhepura.
6. The Sub-Inspector of Excise, Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dinesh Prasad Verma, Adv
For the Respondent/s : Mr.Vikash Kumar ( SC 11 )
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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):-
"That this writ petition is being filed by the
petitioner in the nature of certiorari to quash the order dt.
07.03.2022 passed by the Commissioner Excise, Bihar, Patna
by which order dismissed the appeal no. 109/2022 filed by
the petitioner. The above mentioned appeal was arises out
from the order dated 06.01.2022 passed by the Deputy
Collector Madhepura in the confiscation case No. 141/2021
(Excise), By which confiscated the Bolero vehicle vide
registration no. BR 43A-1390."
Petitioner has approached this Court without availing the
Patna High Court CWJC No.6207 of 2022 dt.12-05-2022
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
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
Patna High Court CWJC No.6207 of 2022 dt.12-05-2022
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.]"
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-58.
[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,
Patna High Court CWJC No.6207 of 2022 dt.12-05-2022
conveyance or premises.]
[Explanation 3: Such release shall not affect the
outcome of trial, if any, before the Special Court.]"
In view of amendment in the Excise Act, and same
being applicable in pending case, it shall be open for the
petitioner to get his/her vehicle released in terms of Rule 12(B)
and 57(B) inserted by amending Bihar Prohibition and Excise
Rules, 2021.
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
