Hariom Giri vs The State Of Bihar
2023 Latest Caselaw 2483 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13455 of 2022
     ======================================================

Hariom Giri S/o Shiv Shankar Giri R/o Subhas Nagar, P.S.- Khelari, District- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Additional Chief Secretary, Prohibition Excise and Registration, Bihar, Patna.

3. The Excise Secretary, Prohibition Excise and Registration, Bihar, Patna.

4. Excise Commissioner, Bihar, Patna.

5. Collector-cum-District Magistrate, Aurangabad.

6. The Additional Collector-cum-Presiding Officer, Aurangabad.

7. Excise Superintendent, Aurangabad.

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

For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate For the Respondent/s : Mr.Vikash Kumar (SC 11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-05-2023

The petitioner is aggrieved with the seizure of his

vehicle bearing Registration No. JH01CX-8583, Chassis No.

MAT541089J1B05604, Engine No.ISBE591804081B63668304.

An FIR was registered on 12.09.2021 as Barun P.S. Case No.

302 of 2021, on seizure of the vehicle for reason of recovery of

1.5 litres of country made liquor from the vehicle.

2. The provision under Rule 12A of the Bihar Patna High Court CWJC No.13455 of 2022 dt.18-05-2023

Prohibition and Excise Rules, 2021 (hereinafter referred to as

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

Collector 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 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.

3. 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.

4. In the above circumstances, we are of the

opinion that the vehicle, considering the minimal quantity Patna High Court CWJC No.13455 of 2022 dt.18-05-2023

recovered, can be released on deposit of Rs. 20,000/-. Certified

copy of this judgment shall be produced within two weeks

before the District Collector and within two weeks from then if

the penalty as provided herein is deposited, the vehicle shall be

released. If the penalty is not satisfied, the District Collector

shall act on the confiscation.

5. Writ application is disposed of.

6. The above direction shall apply if the vehicle has

not already been auctioned.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          20.05.2023
Transmission Date