Shekhar Das vs The State Of Bihar
2023 Latest Caselaw 2110 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6557 of 2023
     ======================================================

Shekhar Das, Son of Madhav Chandra Das @ Madhab Das, Resident of Village-Bachamari, Ward No.08, Police Station-Old Malda, District-Malda, District Malda (West Bengal).

... ... Petitioner/s Versus

1. The State of Bihar through Secretary of Excise Department, Bihar at Patna.

2. The Collector-Cum-District Magistrate, Kishanganj

3. The Superintendent of Police, Kishanganj.

4. The Superintendent Excise Prohibition, Kishanganj.

5. S.H.O. Excise P.S. District-Kishanganj.

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

For the Petitioner/s : Mr.Raj Kumar, Advocate For the Respondent/s : Mr.Vivek Prasad (GP- 7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 04-05-2023

1. The petitioner is aggrieved with the seizure of his

vehicle bearing Registration No. WB-66AG-7985. An FIR was

registered on 01.03.2023 as Kishanganj Excise P.S. Case No.

276 of 2023 for reason of recovery of 1.3 litre foreign liquor

(Beer) from the vehicle.

2. Learned counsel for the petitioner submits that the

confiscation proceeding has not been started till now.

3. The provision under Rule 12A of the Bihar

Prohibition and Excise Rules, 2021 (hereinafter referred to as Patna High Court CWJC No.6557 of 2023 dt.04-05-2023

"Rules") speaks of a discretion conferred on the District

Collector for release of the vehicle, if the offence is found to be

one that would jeopardize public interest, if the vehicle is

released. It is also provided in Rule 12A of the Rules that for

such release being effectuated, a penalty of 50 percent of the

insured value has to be imposed. We see from Rule 12B of the

Rules, an analogous provision with respect to the seizure of

property, from which liquor is recovered, that there are various

factors which would regulate the discretion of District Collector

in determination of penalty, which also includes the small

quantity of liquor seized. Such a discretion is not available in

Rule 12A of the Rules and it speaks of release only on deposit

of 50 percent of the insured value.

4. We are of the opinion that the said provision is

harsh and would result in arbitrariness at the hands of the

District Collector and may even curtail the discretion which is

sought to be conferred by the Rule Making Authority, since 50

percent of the insured value has also been directed to be

imposed, at the minimum.

5. In the above circumstances, we are of the opinion

that the vehicle, considering the minimal quantity recovered,

can be released on deposit of Rs. 20,000/-. On payment of Patna High Court CWJC No.6557 of 2023 dt.04-05-2023

penalty of Rs. 20,000/- (twenty thousand) before the authority

concerned, the vehicle shall be released in favour of the

petitioner and he shall be absolved from the confiscation

proceedings. If the penalty is not satisfied within one month, the

District Collector shall continue with the confiscation

proceedings. The Seizing Officer shall immediately produce the

vehicle/records before the Confiscating Authority, if not already

produced.

6. Writ application is disposed of.

(K. Vinod Chandran, CJ)

(Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 09.05.2023 Transmission Date