Patna High Court
Shivpujan Yadav @ Shivpujan Singh vs The State Of Bihar on 17 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9034 of 2023
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Shivpujan Yadav @ Shivpujan Singh, S/O - Doman Singh, Resident of
Village - Alampur, P.S.- Shivsagar, District-Rohtas, Bihar- 821113.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar.
2. The Excise Commissioner, Patna, Bihar.
3. The Assistant Excise Commissioner, Rohtas, Bihar.
4. The Collector-cum-District Magistrate, Rohtas, Sasaram, Bihar.
5. The Excise Superintendent, Rohtas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Priyajeet Pandey, Advocate
Mr. Abhinav Alok, Advocate
Ms. Shrishti Pandey, Advocate
For the Respondent/s : Mr. Kumar Manish (SC5)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 17-08-2023
With the consent of the learned counsel for the respective
parties, matter is taken up for final disposal.
2. In compliance of our previous order dated 03.08.2023,
Sanjay Kumar Sinha, ADM, Rohtas is present in the Court.
3. A supplementary affidavit has been filed on behalf of
respondent nos.3 and 4 which is taken on record.
4. In the instant petition, petitioner has prayed for the
following reliefs:-
Patna High Court CWJC No.9034 of 2023 dt.17-08-2023
(i) For issuance of writ in the nature of Certiorari for
setting aside the order dated 06.04.2023 in Excise
Revision Case No. 12 of 2023 whereby and where
under the Learned Principal Secretary, Excise
Department, Government of Bihar imposed penalty
of Rs. 5,00,000/- (reducing it from Rs. 7,00,000/- to
Rs. 5,00,000/-) against the
petitioner for release of the confiscated premises and
upheld the order of learned Collector-cum-District
Magistrate, Rohtas, Sasaram dated 13.12.2022 in
Excise confiscation case No. 320 of 2022 arising out
of Sasaram (town) P.S. Case No. 161 of 2022 dated
28.02.2022 under Rule 12B of Bihar Prohibition and
Excise (Amendment) Rules, 2022.
(ii) For directing the respondent authorities to furnish
the details pertaining to the basis of calculation while
imposition of penalty against the petitioner as the
same is in contravention of Sub clause 2 of Rule 12B
of Bihar Prohibition and Excise (Amendment) Rules,
2022 in the instant matter.
(iii). For passing of any order(s), directions(s) which
this Hon'ble Court deems fit and proper.
5. In the confiscation order dated 13.12.2022, the
Confiscating Authority has imposed fine of Rs. 7,00,000/-. Such
imposition of penalty of Rs. 7,00,000/- is in the absence of
reasoning. That apart, it is reliably learnt that the Collector is
stated to have taken certain material information in respect of
value of the subject matter of the premises and thereafter,
proceeded to impose penalty of Rs. 7,00,000/-. Appellate
authority confirmed the orders of confiscating authority.
Patna High Court CWJC No.9034 of 2023 dt.17-08-2023
Thereafter, it was reduced to Rs. 5,00,000/- by the revisional
authority.
6. We have perused the order dated 13.12.2022 read with
Sub-rule (2) of Rule 12B of Bihar Prohibition and Excise Act,
2021. Confiscating Authority's order dated 13.08.2022 is not in
terms of Sub-rule (2) of Rule 12B of Bihar Prohibition and
Excise Rules, 2021. Therefore, impugned confiscation order and
consequential order of appellate authority and revisional
authority are set aside. Matter is remanded to the Confiscating
Authority to re-determine the penalty after giving ample
opportunity of hearing to the petitioner.
7. The above exercise shall be completed within a period
of three months from the date of receipt of this order.
8. The Collector is hereby directed to re-assess the penalty
in the light of Sub-rule (2) of Rule 12B of Bihar Prohibition and
Excise Rules, 2021.
9. Accordingly, the writ petition stands disposed of.
10. Invariably we have come across identical orders being
passed by the competent authority insofar as imposition of
penalty under the confiscation proceedings without due
consideration of Rule 12-B (2) of Bihar Prohibition and Excise
Rules, 2021. Therefore, the competent authorities are hereby
Patna High Court CWJC No.9034 of 2023 dt.17-08-2023
directed to take note of Sub-rule (2) of Rule 12 of Bihar
Prohibition and Excise Rules, 2021 before determining the
penalty.
11. Let a copy of this order be forwarded to the Additional
Chief Secretary, Prohibition and Excise, Govt. of Bihar to guide
the respective Collectors who are handling confiscation
proceedings.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
DKS/-
Balmukund/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.08.2023
Transmission Date
