Patna High Court
Umesh Kumar vs The State Of Bihar on 3 October, 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.12227 of 2024
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Umesh Kumar son of Parmeshwari Prasad Yadav, resident of village- Chakla
Sakhua, Police Station- Pipra, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Patna.
2. The District Magistrate-cum-Collector, Supaul.
3. The Superintendent of Police, Supaul.
4. The Inspector, Pipra Police Station, District- Supaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Swami Parth Sarthy
For the Respondent/s : Mr. Standing Counsel 16
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY)
Date : 08-10-2024
This writ petition has been filed by the petitioner
against the order dated 27.04.2024 passed by the District
Magistrate-cum-Collector, Supaul in Confiscation Case
No.72/2024, which has been inflicted a penalty of 50% of
vehicle's IDV for provisional release of Scorpio vehicle bearing
Registration No.BR50P4913 in connection with Pipro P.S. Case
No.59 of the 2024 for the offence under Section 30(a) of the
Bihar Prohibition and Excise Act.
2. In the instant petition, petitioner has prayed for
the following relief(s):-
Patna High Court CWJC No.12227 of 2024 dt.08-10-2024
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1. For issuance of a writ in the
nature of certiorari for quashing and setting
aside the order dated 27.04.2024 passed by
Collector, Supaul in Confiscation Case No.
72/2024 whereby and whereunder he has
inflicted a penalty of 50% of vehicle's IDV
for provisional release of Scorpio vehicle
bearing Registration No.BR50P4913 and
Chasis No.MA1TA2TDKK2H23046 with
Engine No.TDK4H84117 seized in Pipra
P.S.case No.59 of 2024 for alleged offences
Under Section 30(a) of the Bihar Prohibition
and Excise Act.
II. For issuance of a writ in the
nature of mandamus for direction to the
Respondents specially the Collector, Supaul
for provisional release of the above
mentioned Scorpio in favour of petitioner
during the pendency of Pipra P.S.Case No.59
of 2024 pending trial in Court of Learned
Exclusive Special Excise Judge No.1, Supaul
as the petitioner is the real owner of the said
vehicle in view of substituted Sub-Rule (2) of
Rule 12A of the Bihar Prohibition and Excise
Rules, 2021, which proposes for a minimum
10% penalty of IDV of vehicle.
III. For grant of any other
relief/reliefs for which the petitioner is
legally entitled in the facts and circumstances
of the case.
3. Briefly stated facts of the present case is that
there is alleged recovery of 5.7 litre Nepal made Dilwale Sofi
country made liquor from Scorpio SUV bearing Registration
No. BR50P4913. On the basis of aforesaid fact, F.I.R. was
registered in Pipra P.S. Case No. 59 of 2024 under Section 30(a)
Patna High Court CWJC No.12227 of 2024 dt.08-10-2024
3/6
of the Bihar Prohibition and Excise Act.
4. Learned counsel for the petitioner submitted
that there is alleged recovery of 5.7 litre Nepal made Dilwale
Sofi country made liquor from the Scorpio SUV vehicle in
question. He further submitted that petitioner represented before
the confiscating authority i.e. the District Magistrate -cum-
Collector, Supaul (respondent no.2) with Form-IV dated
29.02.2024
alongwith application for release of vehicle in
question. The District Magistrate -cum- Collector, Supaul
passed order of 50% of IDV as penalty for release of vehicle
which was communicated to the petitioner during the pendency
of the C.W.J.C. No. 9138 of 2024. He further submitted that
vehicle in question may be released in view of the Sub-Rule (2)
of Rule 12A of Bihar Prohibition and Excise Rules, 2021 for the
penalty of 10 % of the IDV of the vehicle and petitioner is ready
to pay 10% of IDV of his vehicle as penalty for provisional
release of vehicle. He further submits that petitioner bears no
criminal antecedent of similar nature prior to the present case.
He further submits that the District Magistrate -cum-Collector,
Supaul (respondent no.2) has passed order dated 27.04.2024 in
Confiscation Case No. 72 of 2024 where the petitioner suffered
a penalty of 50 % of IDV for provisional release of vehicle in
Patna High Court CWJC No.12227 of 2024 dt.08-10-2024
question seized in connection with Pipra P.S. Case No. 59 of
2024 registered under section 30(a) of the Bihar Prohibition and
Excise Act. The order passed by the confiscating authority is not
justified and legal as same is against the spirit of Rule of 12A of
the Bihar Prohibition and Excise Rules, 2021 read with
amended sub Rule 2 of Rule 12A in the year 2022 and 2023.
Learned counsel for the petitioner submits that for the alleged
recovery of 5.7 litre Nepal made Dilwale Sofi country made
liquor, the penalty of a sum of Rs. 3,15,000/- is not justified and
legal. Petitioner being aggrieved by the aforesaid order passed
by the confiscating authority has filed the present writ petition.
5. Learned counsel on behalf of the respondent
submitted that there is alleged recovery of 5.7 litre Nepal made
Dilwale Sofi country made liquor from the vehicle in question
and for the alleged recovery of 5.7 litre Nepal made Dilwale
Sofi country made liquor, Pipra P.S. Case No. 59 of 2024 has
been lodged under Section 30(a) of the Bihar Prohibition and
Excise Act and the order dated 27.04.2024 passed by the District
Magistrate -cum- Collector, Supaul is on the basis of material
available on record. Hence, no interference is needed.
6. Having gone through the material available on
record, it is crystal clear that there is alleged recovery of 5.7 litre
Patna High Court CWJC No.12227 of 2024 dt.08-10-2024
Nepal made Dilwale Sofi country made liquor from the vehicle
in question and petitioner suffered penalty of Rs. 3,15,000/- and
besides penalty of Rs. 3,15,000/, petitioner suffered additional
penalty of Rs. 9450/- which is totally disproportionate to the
offence committed and conscious of this Court does not allow to
impose harsh penalty for recovery of 5.7 litre Nepal made
Dilwale Sofi country made liquor. Such disproportionate fine
should not be allowed to impose as imposition of fine also does
not commensurate with the offence committed regarding
recovery of 5.7 litre Nepal made Dilwale Sofi country made
liquor. That apart, petitioner is not habitual offender of the
offence under the Excise Act and rules.
7. Keeping in view of the discussions made above,
we find that the order passed by the confiscating authority i.e.
the District Magistrate-cum-Collector, Supaul (respondent no.2)
is not sustainable in the eye of law. Accordingly, the order dated
27.04.2024 passed by District Magistrate-cum-Collector, Supaul
in Confiscation Case No. 72 of 2024 is hereby quashed.
8. Under the aforementioned circumstances, we
are of the opinion that for recovery of 5.7 litre Nepal made
Dilwale Sofi country made liquor from the vehicle in question,
imposition of fine Rs. 3,15,000/- alongwith additional penalty of
Patna High Court CWJC No.12227 of 2024 dt.08-10-2024
Rs.9450/- is on higher side and, as such, it is reduced to a sum
of Rs. 1,00,000/-(rupees one lakh). Certified copy of this
judgment shall be produced within two weeks before the
confiscating authority i.e. the District Magistrate-cum-
Collector, Supaul and within two weeks from then if the
modified fine as provided herein is deposited, the vehicle shall
be released in favour of petitioner. If the fine is not remitted, the
District Magistrate-cum-Collector, Supaul shall continue with
the auction proceeding.
9. With the above observation/direction, the
present petition stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
amitkumar/
alok-
AFR/NAFR AFR
CAV DATE 03.10.2024
Uploading Date 08.10.2024
Transmission Date
