Patna High Court
Sahil Singh vs The State Of Bihar on 12 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7213 of 2023
======================================================
Sahil Singh S/o Satendra Kumar Singh, Resident of Village Redma Chowk,
P.S. Daltenganj, District Palamu (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary Old Secretariat, Bihar, Patna.
2. The Principal Secretary, Department of Excise Bihar, Patna.
3. The District Collector Aurangabad, District- Aurangabad.
4. The Superintendent of Excise, Aurangabad, District- Aurangabad.
5. The S.H.O. Excise, P.S. Aurangabad, District- Aurangabad.
6. Sub-Divisional Magistrate-cum-Presiding Officer, Excise Court-2,
Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratneshwar Prasad, Advocate
For the Respondent/s : Mr. Kumar Manish, SC-5
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-05-2023
1. The petitioner is aggrieved with the seizure of his
motorcycle bearing Registration No. JH03AH1410, Chassis No.
MBLHAW117NHD07333, Engine No.HA11EVNHD37562. An
FIR was registered on 17.02.2023 as Aurangabad Excise P.S.
Case No. 124 of 2023, on seizure of the motorcycle for reason
of recovery of 1 litre of country made liquor from the
motorcycle.
2. Learned Government Advocate submits that
confiscation proceedings have been initiated as Confiscation
Case No. 88 of 2023 by Sub-Divisional Magistrate-cum-
Patna High Court CWJC No.7213 of 2023 dt.12-05-2023
Presiding Officer, Excise Court-2, Aurangabad.
3. Learned counsel for the petitioner submits that he
has not received any notice.
4. The provision under Rule 12A of the Bihar
Prohibition and Excise Rules, 2021 (hereinafter referred to as
"Rules") speaks of a discretion conferred on the District
Collector or the Officer authorised by him for release of the
vehicle, if the offence is found to be one not serious enough to
jeopardize public interest. 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 or the Officer authorised by him 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.
5. We are of the opinion that the said provision is
harsh and would result in arbitrariness at the hands of the
District Collector or the Officer authorised by him and may
even curtail the discretion which is sought to be conferred by
Patna High Court CWJC No.7213 of 2023 dt.12-05-2023
the Rule Making Authority, since 50 percent of the insured value
has also been directed to be imposed, at the minimum.
6. In the above circumstances, we are of the opinion
that the motorcycle, considering the minimal quantity
recovered, can be released on deposit of Rs. 20,000/-. Certified
copy of this judgment shall be produced within two weeks
before the Sub-Divisional Magistrate-cum-Presiding Officer,
Excise Court-2, Aurangabad, who is suo motu impleaded as 6th
respondent, and within two weeks from then if the penalty as
provided herein is deposited, the motorcycle shall be released. If
the penalty is not satisfied, the Sub-Divisional Magistrate-cum-
Presiding Officer shall continue with the confiscation
proceedings.
7. Writ application is disposed of.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
sumit/shashank-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.05.2023
Transmission Date NA
