Patna High Court
Sunita Devi vs The State Of Bihar on 2 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2103 of 2023
======================================================
Sunita Devi W/o Late Ajay Kumar, R/o Mohalla- New Ara Patel Gali, P.S.-
Dehri On Sone, District- Rohtas (Sasaram)
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Excise New Secretariat,
Patna, Bihar.
2. The Commissioner, Excise New Secretariat, Patna, Bihar.
3. The Collector Cum District Magistrate, Rohtas, Sasaram.
4. The Superintendent of Police, Rohtas, Sasaram.
5. The Officer-in-Charge, Dehri, P.S.- Rohtas, Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv.
For the State : Mr. Vivek Prasad (GP7)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
Date : 02-05-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
2. In exercise of powers under Section 57(2) of the
Bihar Prohibition and Excise Act ( for brevity, the Act) read
with Rule 12B of the Bihar Prohibition and Excise Rules,
2021 ( for brevity, the Rules), the respondent-Collector under
Patna High Court CWJC No.2103 of 2023 dt.02-05-2023
the impugned order dated 13.12.2022, passed in Excise Case
No. 13 of 2022, (Annexure-9) has insisted on deposit of an
amount of Rs. 25,00,00/- (Twenty Five Lacs) for release of the
house (property) from where there is alleged recovery of
64.125 litres of IMFL.
3. The confiscation proceedings have already attained
finality up till the stage of revision. The petitioner, thereafter,
filed CWJC No. 6299 of 2022 (Annexure-3). The writ petition
was disposed of with liberty to avail remedy in terms of Rule
12B of the Rules read with Section 57B of the Act. Sub rule
(2) of Rule 12B dealing with release of premises on payment
of penalty reads as follows:-
"12B. Release of Premises on
Payment of Penalty:-
(1).... .... ....
(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."
The impugned order dated 13.12.2022 shows no
Patna High Court CWJC No.2103 of 2023 dt.02-05-2023
consideration of the factors enumerated in Rule 12B(2) such
as economic status of the individual, nature of his involvement
in the crime, location of the premises and quantum of
intoxicant recovered while deciding the quantum of fine to be
paid by the individual. The insistence of the District
Collector, therefore, requiring deposit of Rs 25,00,00/-
(Twenty Five Lacs) to secure release, is legally unsustainable
as the factors relevant to such consideration have been
overlooked by the Collector while determining the amount of
penalty.
The order dated 13.12.2022, passed by the Collector-
cum District Magistrate, Rohtas, Sasaram (Respondent No.3)
in Excise Case No. 13 of 2022, as contain in Annexure-9, is
quashed. The matter is remanded to the Respondent No.3 for
consideration afresh with reference to the relevant parameters
specified in Rule 12B(2). The petitioner should present herself
before the Respondent No.3 within a period of two weeks.
Upon receipt/production of a copy of this order, the
Respondent No.3 shall proceed to carry out the determination
of penalty, as per the statutory provision after affording
opportunity to the petitioner within a period of four weeks
thereafter.
Patna High Court CWJC No.2103 of 2023 dt.02-05-2023
With this observations/directions the writ application is
allowed.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
shyambihari/-
AFR/NAFR
CAV DATE
Uploading Date 08-05-2023
Transmission Date
