Rajan Kumar vs The State Of Bihar
2023 Latest Caselaw 4043 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.8873 of 2023
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Rajan Kumar S/o-Vinod Patel Resident of Village-Ekdari Manglpur, P.O.- Bahri Bankatwa, P.S.-Sikta, District-West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, New Secretariat, Patna.

2. The Principal Secretary, Excise Department, Government of Bihar, Patna.

3. The Principal Secretary, Transport Department, Government of Bihar, Patna.

4. The District Magistrate, Patna District

5. The Senior Superintendent of Police, District-Patna.

6. The District Transport Officer, Muzaffarpur, District-Muzaffarpur.

7. The District Transport Officer, Patna, District-Patna.

8. The Officer-in-Charge, P.S.-Agamkuan District-Patna.

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

For the Petitioner/s : Mr. Gauri Shankar Thakur, 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 : 25-08-2023

Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for

following reliefs:-

"1. That the petitioner is filing this present writ application for setting aside the order dated 23.02.2022 passed by Respondent No. - 4, in Confiscation Case Patna High Court CWJC No.8873 of 2023 dt.25-08-2023

No. 4110/2021-22 whereby and where under the Respondent No. - 4 has directed to confiscate the Vehicle bearing Regd. No. - BR06GD7170 Seized in connection with Agam Kuan P.S. Case No. 574/ 21 instituted U/S 467, 468, 471, 414, 120 (B) I.P.C. and 30(a), 41(1) of Bihar Prohibition & Excise Act against the Owner of the aforesaid vehicle and other accused persons further the authorities namely D.T.O. Muzaffarpur be directed to except payment of Road Tax for a dues period from 29.10.2022 without any Penalty in respect of Vehicle No.-

BR06GD7170, Chesis No. -

MAT764011K7B02435 Engine No. - 5LNGDICRR17 APY4501204 and for issuance of any writ, writ, order, orders for which the petitioner found entitled the facts and circumstances of the case."

3. The petitioner is a registered owner of the motor

vehicle bearing Registration No. BR06GD7170 which is stated

to have been involved for the offences under the Excise Act. In

this regard an F.I.R. was registered bearing Agamkuan P.S. Case

No. 574 of 2021 dated 20.07.2021. Parallelly, confiscation

proceedings were initiated and it was concluded on 23.02.2022.

4. Feeling aggrieved by the confiscation

proceedings petitioner has filed this writ petition.

5. Even though petitioner has statutory remedy of

appeal before the appellate authority and further revision under

Sections 92 and 93 of the Bihar Prohibition & Excise Act, 2016

respectively, he has rushed to this Court. Ordinarily, this Court Patna High Court CWJC No.8873 of 2023 dt.25-08-2023

will not entertain without exhausting the remedy of appeal and

revision. However, we are compelled to interfere with the

confiscation proceedings on the score that subject-matter of

motor-vehicle which was referred in the F.I.R. and confiscation

proceeding, is alleged to be a stolen motor-vehicle with fake

Registration Number which was same to that of the petitioner's

motor-vehicle. In fact, petitioner's case is that his motor-vehicle

was not plying on the road with reference to the date of F.I.R.

and the alleged incident, time and place. On the other hand, the

motor-vehicle was in front of the residence of the petitioner. The

same has not been appreciated by the confiscating authority. In

fact, confiscating authority should have further examined the

documents with the Transport Department or with the

jurisdictional Regional Transport Officer before proceeding with

the confiscation. Further, the seized motor-vehicle is stated to

have been auctioned. Thereafter, the concerned respondents

realized that subject-matter of motor-vehicle involved is alleged

to be a stolen vehicle and it is a different motor-vehicle than the

petitioner's motor-vehicle. In the result, auction purchaser has

been asked to hand over the alleged stolen motor-vehicle and he

has been paid the auction price. Taking note of these facts and

circumstances, the Deputy Secretary, Prohibition and Excise Act Patna High Court CWJC No.8873 of 2023 dt.25-08-2023

Department proceeded to pass order on 19.08.2023 clarifying

that the petitioner's motor-vehicle was not involved in the case.

With these facts and circumstances, the confiscating authority or

any competent authority should have apprised this Court before

taking such a decision on 19.08.2023. Even order dated

19.08.2023 is in the absence of any statutory provision on the

other hand confiscating order at Annexure-1 is a statutory

function exercise under Section 56 of the Excise Act. Therefore,

next remedial measure was opened only under Sections 92 and

93 of the Bihar Prohibition & Excise Act, 2016, namely appeal

before the appellate authority and further revision before the

revisional authority. Further it is noticed that even to this day

Annexure-1 confiscation proceedings has not been withdrawn

insofar as petitioner's motor-vehicle is concerned. The petitioner

has been unnecessarily harassed in the confiscation proceedings

and further he was compelled to approach this Court in

presenting this writ petition. Therefore, the petitioner has made

out a case so as to interfere with Annexure-1 (Confiscation

proceedings) dated 23.02.2022. Hence, Annexure-1 dated

23.02.2022 stands set aside.

6. Accordingly, the present writ petition stands

allowed with cost of Rs. 50,000/-. Cost has been imposed for the Patna High Court CWJC No.8873 of 2023 dt.25-08-2023

reasons that petitioner is law abiding citizen and he had been

unnecessarily harassed to face proceedings under the Excise

Act, 2016. The cost shall be paid to the petitioner within a

period of eight weeks from the date of receipt of this order.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

rakhi/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          01.09.2023
Transmission Date       N.A.