Patna High Court
Awanish Kumar Singh vs The State Of Bihar on 2 August, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4220 of 2024
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Awanish Kumar Singh Son of Ram Pratap Singh, then residing at Police Line
Dumka, P.S. Dumka, District-Dumka (Jharkhand) 814101 presently residing
at Quarter No. H/II-22, Adarsh Nagar, Dhruwa, P.S. Dhruwa, District-Ranchi
(Jharkhand)-834004.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Prohibition, Excise and
Registration, Government of Bihar, Patna.
3. The Inspector General of Excise, Department of Prohibition, Excise and
Registration, Government of Bihar, Patna.
4. The Collector cum District Magistrate, Muzaffarpur.
5. The Superintendent of Police, Muzaffarpur.
6. The Sub Divisional Magistrate, Muzaffarpur, East, Muzaffarpur.
7. The Superintendent of Excise, Muzaffarpur.
8. The Station House Officer, Meenapur P.S., Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Adv.
For the Respondent/s : Mr.S.D. Yadav, AAG 9
Mr.Anil Kumar Verma, AC to AAG 9
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
C.A.V. JUDGMENT
(Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY)
Date : 02.08-2024
This writ petition has been filed by the petitioner
against the order dated 26.06.2023 passed by the Excise
Commissioner, Patna (respondent no. 3) in Excise Appeal Case
No. 88 of 2023 affirming the order dated 18.07.2022 passed by
the Sub-Divisional Magistrate, Muzaffarpur East, Muzaffarpur
(respondent no. 6) in Confiscation Case No. 29 of 2022 arising
Patna High Court CWJC No.4220 of 2024 dt.02-08-2024
2/7
out of Meenapur P.S. Case No. 97 of 2022 registered under
section 30(a), 36, 41(1) of the Bihar Prohibition andn Excise
Amendment Act, 2018.
2. By filing the present writ petition, the
petitioner has prayed for the following relief(s):-
"(i). For quashing the order dated 26.06.2023
passed in Excise Appeal Case No. 88 of 2023
(Awanish Kumar Singh Versus Collector,
Muzaffarpur and others) passed by Excise
Commissioner (Respondent No. 3) whereby and
whereunder who has dismissed the Excise Appeal
filed by the petitioner and also affirmed the order
dated 18.07.2022 passed in Confiscation Case
No. 29 of 2022 passed by Sub-Divisional
Magistrate, Muzaffarpur East, Muzaffarpur
whereby and whereunder who has rejected the
prayer for release of vehicle to the petitioner and
also confiscate the same, despite of Hon'ble
Court observation dated 10.05.2022 passed in
CWJC No. 5858 of 2022 (Awanish Kumar Singh
Versus the State of Bihar and others)
(ii) For directing and commanding the
respondents to release the vehicle in view of Rule
12(A) of the Bihar Prohibition and Excise
(Amendment) Rule, 2022 which is as Maruti
Swift Dzire VXI 1.2 L ISS 5 MT bearing Reg. No.
JH01EE 9888, Enginer No. K12NN9091833,
Chasis No. MA3CZFB3SMA 758509, registered
Patna High Court CWJC No.4220 of 2024 dt.02-08-2024
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by the District Transport Office, Ranchi on
21.01.2021
which has been seized in connection
with Meenapur P.S. Case No. 97 of 2022 dated
01.03.2022 registered under section 30(a), 36,
41(1) of the Bihar Prohibition and Excise
Amendment Act, 2018 by the concerned
respondent authorities.
(iii) For directing and commanding the
respondents to not auction to the above-
mentioned vehicle of the petitioner which has
been confiscated under the Bihar Prohibition and
Excise Act, 2016.
(iv). And also for any other relief or reliefs for
which the petitioner is found to be entitled in the
facts and circumstances of the case."
3. Before delving into factual aspect of the case,
it is necessary to mention that present petitioner has approached
this High Court vide CWJC No. 5858 of 2022 which was
disposed of by this Court with positive observation relating to
release of the vehicle. In light of the observation made by this
Court, petitioner filed petition under Form- IV which is based
on Rule 12(A) of the Bihar Prohibition and Excise
(Amendment) Rule, 2022 for release of the vehicle in question
but respondent no. 6 has mechanically passed the order and
rejected the prayer of the petitioner and confiscated the said
Patna High Court CWJC No.4220 of 2024 dt.02-08-2024
vehicle by virtue of the order dated 18.07.2022 passed in
Confiscation Case No. 29 of 2022. Petitioner preferred appeal
before the Excise Commissioner, Patna by way of Excise
Appeal No. 88 of 2023 against the order passed by the
confiscating authority which was rejected by the appellate
authority (respondent no.3 ) vide order dated 26.06.2023.
Thereafter, petitioner filed MJC No. 1653 of 2022 in CWJC No.
5858 of 2022 for proceeding against the respondents for their
contemptuous act relating to not releasing of the vehicle in
question. The said MJC was dropped by this Court reserving
liberty to the petitioner to resort appropriate remedy with
reference to order dated 18.07.2022 passed on his application
under Rule 12-A and now the petitioner has no other alternative
and efficacious remedy than to move this Court. Hence, the
present CWJC.
4. Briefly stated the facts of the case is that there
is alleged recovery of 97.875 liters of English liquor from the
vehicle in question i.e. Swift Dzire bearing Registration No. JH-
01EE-9888 and other recoveries are made from another vehicle
and accused persons were apprehended on the spot. On the basis
of aforesaid fact, FIR No. 97 of 2022 dated 01.03.2022 was
registered in Meenapur P.S. under Sections 30(a), 36 and 41(1)
Patna High Court CWJC No.4220 of 2024 dt.02-08-2024
of the Bihar Prohibition and Excise (Amendment)Act, 2018.
5. Learned counsel for the petitioner submits that
petitioner had approached this Court by filing CWJC No. 5858
of 2022 and thereafter approached the concerned authorities on
the basis of the direction given by this Court but the concerned
respondent has not passed appropriate order on basis of the
materials available on record. Learned counsel further submits
that the confiscating authority while passing the confiscation
order has not taken into consideration the Chemical
Examination Report as there is no reference in the order passed
by the confiscating authority regarding issuing notice to the
Chemical Examiner or any report thereof with respect to the
alleged recovery of 97.875 liters of English liquor. On this
score, the order passed by the confiscating authority is not
justified and legal, and therefore, the order passed by the
appellate authority is also not tenable in law. Accordingly, the
orders passed by the confiscating authority and the appellate
authority are fit to be set aside.
6. Learned counsel appearing for the respondent
submits that the respondent authorities have meticulously
perused the materials available on record and found that as per
rule 13A (1) of Bihar Prohibition and Excise rule, 2021
Patna High Court CWJC No.4220 of 2024 dt.02-08-2024
(Amendment Rule 2022) the Senior Superintendent of Police,
Muzaffarpur had sent proposal to the Collector-cum-District
Magistrate, Muzaffarpur (respondent no. 4) for initiation of
confiscation against seized vehicle in connection with Meenapur
P.S. Case 97 of 2022, and subsequently, respondent no. 4 issued
orders authorizing Sub-Divisional Magistrate, East Muzaffarpur
for initiation of confiscation proceeding. Thereafter general
notice for auction was issued in which valuation of the vehicle
in question was valued Rs. 1,10,000/-. Learned counsel further
submits that chemical analysis report was received through
letter no. 48201/11.03.2022 dated 11.03.2022 and the Collector-
cum-District Magistrate, Muzaffapur (respondent no. 4) found
the seized liquor in the said case fit to be destroyed. It is further
submitted that the orders passed by the respondent authorities
are on basis of the materials available on record and the same
are speaking orders and need not require any interference.
6. From perusal of the impugned order dated
18.07.2022 passed by the confiscating authority, it is crystal
clear that there is no reference with regard to Chemical
Examination Report. In this backdrop, the submissions
advanced on behalf of the petitioner are quite tenable in the eye
of law and the orders passed by the confiscating authority and
Patna High Court CWJC No.4220 of 2024 dt.02-08-2024
the appellate authority are not justified and legal.
In view of the discussions made above, the order
order dated 18.07.2022 passed by the Sub-Divisional
Magistrate, Muzaffarpur East, Muzaffarpur (respondent no. 6)
in Confiscation Case No. 29 of 2022 and the order dated
26.06.2023 passed by the Excise Commissioner, Patna
(respondent no. 3) in Excise Appeal Case No. 88 of 2023
affirming the order passed by the confiscating authority are,
hereby, set aside. The matter is remanded back to the concerned
authority and the concerned authority is directed to pass afresh
order in accordance with law within a period of four weeks on
receipt/production of a copy of this order.
10. With the above observation/direction, the
present petition stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
mcv/-
AFR/NAFR AFR
CAV DATE 30.07.2024
Uploading Date 02.08.2024
Transmission Date
