Patna High Court
Dhiraj Paswan vs The State Of Bihar on 12 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18398 of 2021
======================================================
Dhiraj Paswan, son of Vindeshwar Paswan, resident of Village- Pilkhi, P.S.-
Rajgir, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Prohibition and Excise Govt of Bihar, Patna
2. The Excise Commissioner, Bihar, Patna
3. The Collector, Nalanda at Bihar Sharif
4. The Superintendent of Police, Nalanda at Bihar Sharif
5. Police Sub Inspector, Rajgir Police Station, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Prasad, Advocate
For the Respondent/s : Mr. Kumar Manish, SC 5
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 12-05-2022
Petitioner has prayed for the following relief(s):-
" For issuance of a Writ in the nature of Mandamus or
any appropriate Writ's Order's, Direction's commanding
the respondents for direction to unseal house-cum-room
of the petitioner and hand over possession of the same to
the petitioner which is situated at Khata No. 69, plot no.
1004, mauza Pilkhi, Thana Rajgir, District- Nalanda
which room has been seized by the police in connection
with Rajgir P.S.Case No. 238/21 dated 18-7-21 under
section 30(a) of Bihar Prohibition and Excise Act 2016
and other order or direction in the interest of justice in the
facts and circumstances of the case."
Patna High Court CWJC No.18398 of 2021 dt.12-05-2022
It is submitted by learned counsel for the
petitioner that during the pendency of this writ petition, an
order of confiscation of seized room has been passed vide order
dated 20.12.2021 by the Additional Collector, Nalanda.
Petitioner has approached this Court without
exhausting the statutory remedy of appeal against the impugned
order, as such, petitioner is granted liberty to avail the remedy of
appeal against the confiscation order passed by the Confiscating
Authority- cum- District Magistrate, before the Appellate
Authority, and if any such appeal is filed within a period of 04
weeks then appellate authority shall condone the delay in filing
the appeal and shall decide the appeal on its own merit,
preferably within a period of 08 weeks from the date of its
filing, in accordance with law.
During pendency of appeal, the confiscated
property shall not be auction sold, if not already auction sold.
OR
It is submitted on behalf of counsel for the State
that during the 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
or sealed by any police or excise officer under the Act, then
Patna High Court CWJC No.18398 of 2021 dt.12-05-2022
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 case, it shall be open for the
petitioner to get his/her house unsealed, after making payment
of penalty in terms of Rule 12(B) inserted by amending Bihar
Prohibition and Excise Rules, 2021.
With the aforesaid observation and direction, the
Patna High Court CWJC No.18398 of 2021 dt.12-05-2022
writ petition stands disposed of.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ashwini
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.05.2022
Transmission Date NA
