Ekram @ Md. Ekram vs The State Of Bihar
2023 Latest Caselaw 831 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17942 of 2022
     ======================================================

Ekram @ Md. Ekram, Son of Ismail, Resident of Village- Ahilgoan, P.S.- Jalalgarh, District- Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, the Department of Custom and Excise, the Government of Bihar, Patna.

2. The Collector, Katihar, District- Katihar.

3. The Sub Divisional Magistrate (S.D.M.), Barsoi, District- Katihar.

4. The Superintendent of Police, Katihar, District- Katihar.

5. The Deputy Superintendent of Police, Katihar, District- Katihar.

6. The Office In Charge of P.S.- Balram pur, District- Katihar.

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

For the Petitioner/s : Mr. Nadimul Hasan, Advocate Mr. Md. Abu Haider, Advocate For the Respondent/s : Mr.Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 20-02-2023

The petitioner is the owner of Scorpio vehicle bearing

Registration No.BR-11PB-5490. Based on a secret information,

the police had intercepted the vehicle and upon search 129.750

litres of Indian made foreign liquor was recovered. This led to

registration of F.I.R. giving rise to Balrampur P.S. Case

No.19/21 for the offence punishable under Section 30A of the

Bihar Prohibition and Excise Act, 2016 (hereinafter referred to Patna High Court CWJC No.17942 of 2022 dt.20-02-2023

as "the Act"). Simultaneously, a confiscation proceeding was

also initiated for confiscation of the vehicle in accordance with

the provision under Section 58 of the Act. The petitioner was

given an opportunity of hearing in the confiscation proceeding.

Subsequently, by an order dated 12.06.2021, passed by the Sub-

divisional Magistrate, Barsoi, Katihar, the petitioner's vehicle

was ordered to be confiscated. Against the order of confiscation,

the petitioner preferred an appeal under Section 92 of the Act

before the Excise Commissioner, Bihar, Patna giving rise to

Excise Appeal No. 543 of 2021. The appellate authority

dismissed the appeal and affirmed the order of confiscation by

his order dated 14.09.2021. The petitioner thereafter preferred a

revision application under Section 93 of the Act giving rise to

Excise Revision No. 207 of 2022 which has been dismissed by

an order dated 15.10.2022 passed by the Additional Chief

Secretary, Excise (Prohibition and Registration) Department,

Government of Bihar. Aggrieved by the aforesaid orders, the

petitioner has approached this Court by filing the present writ

application under Article 226 of the Constitution of India.

Learned counsel appearing on behalf of the

petitioner has submitted that when the seizure of Indian made

foreign liquor was made from the petitioner's vehicle, the Patna High Court CWJC No.17942 of 2022 dt.20-02-2023

petitioner was not found present in the vehicle, rather the driver

was there in the vehicle. He has submitted that the petitioner did

not have any knowledge that the driver was using the

petitioner's vehicle for illegal purposes. He contends that the

confiscating authority has committed gross error in not realizing

the fact that petitioner was not responsible for presence of the

Indian made foreign liquor in his vehicle and has passed the

order of confiscation without due application of mind. He has

argued that the appellate authority as well as the revisional

authority have miserably failed to consider this aspect of the

matter while rejecting the petitioner's appeal and revision

against the order of the confiscating authority.

Learned S.C. 11 appearing on behalf of the State

has, on the other hand, submitted that this is not in dispute that

the vehicle in question belonged to this petitioner from which

huge quantity of Indian made foreign liquor, as noted above,

was duly seized by the authorized persons in accordance with

law. After seizure of Indian made foreign liquor, a criminal case

was instituted and confiscation proceeding was also initiated.

The petitioner was given ample opportunity in the confiscation

proceeding to put forth his case. The confiscating authority, after

duly considering the petitioner's case and the case of the Patna High Court CWJC No.17942 of 2022 dt.20-02-2023

Department, passed the order of confiscation. The appellate

authority also, after duly considering the points raised by the

petitioner in his appeal, rejected the petitioner's appeal and,

thus, affirmed the order of the confiscating authority. He has

drawn our attention to the order passed by the Additional Chief

Secretary, Excise (Prohibition and Registration)-cum-Revisional

Authority to contend that the said order is well-reasoned and it

is manifest that there has been due application of mind while

considering the petitioner's revision application.

We have carefully gone through the impugned

order dated 15.10.2022 of the revisional authority which has

been brought on record. We are satisfied on perusal of the

impugned order dated 15.10.2022 that there has been no

violation of principles of natural justice. As a matter of fact, the

petitioner has not taken any ground of violation of principles of

natural justice in the present writ application. The order of the

revisional authority is a detailed order which has duly taken into

account the points raised by the petitioner. On careful reading of

the impugned order dated 15.10.2022, we are of the opinion that

the said order is a reasoned order and has taken into account all

the points which were raised by the petitioner in his revision

application. The petitioner cannot resist confiscation of the Patna High Court CWJC No.17942 of 2022 dt.20-02-2023

vehicle, liable to be confiscated under the provisions of law on

the ground that though he was owner of the vehicle, he did not

have the knowledge that his vehicle was being used for illegal

purposes. No stand has been taken that despite all due

precaution taken by him, the vehicle was used by his driver for

illegal purposes of the nature of transportation of huge quantity

of Indian made foreign liquor. The orders which are impugned,

in our view, do not require any interference exercising writ

jurisdiction under Article 226 of the Constitution of India.

We do not find any merit in this writ application,

which is accordingly dismissed.

The petitioner shall be at liberty to participate in

the auction-sale of the vehicle, if the auction-sale has not

already taken place.

(Chakradhari Sharan Singh, ACJ)

(Jitendra Kumar, J)

K.C.Jha/PKP AFR/NAFR CAV DATE Uploading Date 23.02.2023 Transmission Date