Nagendra Sah vs The State Of Bihar
2023 Latest Caselaw 3941 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.11476 of 2023
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Nagendra Sah S/o Late Ramnath Sah Resident of Gauspur Izara, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Department of Excise, Bihar, Patna.

2. The Excise Commissioner, Bihar, Patna.

3. The District Magistrate, Vaishali.

4. The Additional District Magistrate, Vaishali.

5. The Superintendent of Police, Vaishali.

6. The Station House Officer, Hajipur Sadar, Police Station, District- Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad (GP-7) Ms. Supragya, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 22-08-2023

Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for

following reliefs:-

"To issue a writ in the nature of Certiorari setting aside the order dated 31.05.2023 (Annexure- 4(P)) passed by Respondent No-1 The Additional Chief Secretary, Department of Excise, Bihar, Patna passed in Excise Revision Case No-

17/2023 affirming the order dated 26/03/2023 passed by the Excise Patna High Court CWJC No.11476 of 2023 dt.22-08-2023

Commissioner, Patna in Confiscation Appeal No- 13/2023 affirming the order dated 26.09.2022 passed by Additional District Magistrate, Vaishali at Hajipur in Confiscation case No- 37/2022-23, directed the petitioner, petitioner should deposit the amount as Rs.- 3,00,000/-

otherwise the land of the petitioner bearing Khata No.- 455, Jamabandi No.- 1503, Khesara No.- 571, thana No.- 51, Area 6 ½ Dismal situated at village Gauspur Izara, P.S.- Hajipur Sadar, District - Vaishali will be confiscated.

That the petitioner further prays for issuance of writ/ writs, order/ orders, direction/ directions in his favour which this Hon'ble Court may deem fit and proper in the fact and circumstances of this case."

3. The petitioner and others were illegally

holding 363 litres of Indian made foreign liquor in the

premises bearing Khata No.- 455, Jamabandi No.- 1503,

Khesara No.- 571, thana No.- 51, Area 6 ½ Dismal situated at

village Gauspur Izara, P.S.- Hajipur Sadar, District - Vaishali

and it was confiscated in Vaishali Sadar P.S. Case No. 221 of

2021. Thereafter, petitioner was subjected to confiscation

Case No. 37/2022-2023. It was decided against the petitioner

on 26.09.2022 to the extent that petitioner has been penalized

and asked to deposit a sum of Rs. 3 lacs, otherwise subject- Patna High Court CWJC No.11476 of 2023 dt.22-08-2023

matter of the land would be confiscated and auctioned.

Feeling aggrieved by the confiscation proceedings petitioner

preferred Excise Appeal No. 13/ 2023 and it was decided

against the petitioner on 06.03.2023 while affirming the order

of the confiscating authority. Thereafter, petitioner has

exhausted remedy of revision bearing Excise Revision Case

No. 17/2023 in which also revisional authority affirmed the

orders of confiscating and appellate authority on 31.05.2023.

Hence, the present writ petition.

4. Learned counsel for the petitioner submitted

that petitioner's submission was not considered by the

confiscating authority. On the other hand, perusal of

Annexure-2 it is evident that petitioner has expressed that he

preferred to pay fine. In this regard, learned counsel for the

petitioner submitted that depositing of Rs. 3 lacs would be too

harsh and it is not commensurate with the seized material of

363 litres of liquor.

5. Perusal of confiscating authority's order,

appellate and revisional authoritys' order it is evident that

there is no infirmity so as to interfere with the quantum of

penalty of Rs. 3 lacs with reference to quantum of liquor

seized to the extent of 363 litres.

Patna High Court CWJC No.11476 of 2023 dt.22-08-2023

6. Having regard to these facts and

circumstances, petitioner has not made out a case so as to

interfere with the impugned orders. Accordingly, the present

writ petition stands dismissed.

7. If the concerned authority has not yet

proceeded with the auction proceedings, petitioner shall be

given an opportunity for depositing Rs. 3 lacs, if petitioner

intends to resolve the matter.

(P. B. Bajanthri, J)

(Arun Kumar Jha, J)

rakhi/-

AFR/NAFR
CAV DATE                N.A.
Uploading Date          25.08.2023
Transmission Date       N.A.