Patna High Court
Vipin Kumar vs The State Of Bihar on 4 August, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6743 of 2025
======================================================
Vipin Kumar Son of Pavan Malakar, Resident of Village Pusaho, P.S. Bithan,
District Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Excise Commissioner cum Secretary,
Prohibition, Excise and Registration Department, Government of Bihar,
Patna.
2. The District Magistrate, Gopalganj, District Gopalganj, Bihar.
3. The Sub Divisional Magistrate, Gopalganj, District Gopalganj, Bihar.
4. The Superintendent of Prohibition of Exicise Department, Gopalganj,
District Gopalganj, Bihar.
5. The Superintendent of Police, Gopalganj, District Gopalganj, Bihar.
6. The Station House Officer of Kuchaikote Police Station, Kuchaikote,
District Gopalganj, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarbottam Kumar Sarkar, Adv.
For the Respondent/s : Mr.Muijtabaul Haque, GP 12
Mr.Pranoy Kumar, AC to GP 12
======================================================
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 : 05-08-2025
This writ petition has been filed by the petitioner
against the order dated 28.01.2025 passed in Excise Appeal
Case No. 01 of 2025 by the Excise Commissioner, Bihar, Patna
affirming the order dated 16.07.2024 passed by the Sub
Divisional Officer, Gopalganj in Confiscation (Excise) Case No.
Patna High Court CWJC No.6743 of 2025 dt.05-08-2025
290 of 2024.
2. In the instant writ petition, petitioner has prayed for
the following reliefs :
"(I) To quash/ set aside the impugned order
dated 28.01.2025 passed in Excise Appeal
Case No. 01/2025 by the learned Excise
Commissioner, Bihar, Patna as contained in
Annexure-P/5 to this writ application by
issuing a writ to the nature of Certiorari.
(II) To quash/set aside the impugned order
dated 16.07.2024 passed in Sub Divisional
Confiscation (Excise) Case No. 290 of 2024
by the learned Sub Divisional Magistrate,
Gopalganj as contained in AnnexureP/3 to
this writ application by issuing a writ to the
nature of Certiorari.
(III) To give order/orders,
direction/directions commanding the
respondent authorities to release the Swift
Dzire Car of the petitioner by issuing a writ
in the nature of Mandamus.
(IV) To give order/orders,
direction/directions commanding the
respondent authorities to not
confiscated/forfeited and auction sell of the
Swift Dzire Car of the petitioner by issuing a
writ in the nature of Mandamus.
(V) To any other relief/reliefs as petitioner is
entitled to get in the facts and circumstances
Patna High Court CWJC No.6743 of 2025 dt.05-08-2025
of the case."
3. Briefly stated, the facts of the present case is that
there is alleged recovery of 146.880 liters of illicit liquor from
the Swift Dzire Car of the petitioner bearing registration No.
BR-09AP-7814. On the basis of aforesaid fact, Kuchaikote P.S.
Case No. 609 of 2023 was registered under sections 30(a) of the
Bihar Prohibition and Excise (Amendment)Act, 2018.
4. Learned counsel for the petitioner submitted that
petitioner is not named in the first information report but he is
the owner of the vehicle in question. Merely because of
recovery of the alleged illicit liquor from the vehicle in
question, the order of confiscation has been passed against the
petitioner. It is submitted that no proper notice was served upon
the petitioner in the confiscation proceeding which is against the
cardinal principles of the natural justice. Being aggrieved by the
order of confiscation, petitioner filed appeal before the Excise
Commissioner, Bihar, Patna in Excise Appeal Case No. 01 of
2025, which has also been rejected by order dated 28.01.2025
without considering the case of the petitioner. Petitioner has
never used his vehicle for transportation of India made foreign
liquor. Learned counsel submits that there is complete violation
of section 100 Cr.P.C. corresponding to Section 103 B.N.S.S. as
Patna High Court CWJC No.6743 of 2025 dt.05-08-2025
the seizure list reflects several discrepancies. It is submitted that
there is neither any videography nor F.S.L./Chemical
examination of illicit liquor, which is in clear violation of the
provisions of the Bihar Prohibition and Excise Act, 2016 (as
amended 2022). It has been orally submitted that petitioner has
no criminal antecedent of similar nature. It is submitted that the
orders passed by the confiscating authority and the appellate
authority are illegal, arbitrary and perverse and not in
accordance with law and hence they are fit to be set aside.
Petitioner is further ready to avail the remedy under Rule-
12(A) of the Bihar Prohibition and Excise (Amendment) Rule,
2021 read with amended Rules 2022 and 2023 and the petitioner
is further ready to deposit the amount fixed by the confiscating
authority. Petitioner is the bona fide owner of the seized vehicle
and he has no concern with the seized illicit liquor.
5. Per contra, learned counsel for the respondents
submitted that the vehicle of the petitioner was found involved
in illegal transportation of prohibited liquor, and therefore, the
said vehicle has been confiscated by the order dated 16.07.2024
passed by the Sub Divisional Officer, Gopalganj in Confiscation
(Excise) Case No. 290 of 2024 which has been affirmed by the
order dated 28.01.2025 passed by the Excise Commissioner,
Patna High Court CWJC No.6743 of 2025 dt.05-08-2025
Bihar, Patna in Excise Appeal Case No. 01 of 2025 and it has
been held that the vehicle in question has been used for
transportation of illicit liquor in violation of provisions of the
Bihar Prohibition and Excise Act. It has been submitted that
petitioner cannot escape from the liability of alleged recovery of
illicit liquor in huge quantity from the vehicle in question.
6. From perusal of the record, it is evident that there is
huge recovery of illicit liquor from the seized vehicle. As per
provision of sub-rule (2) of Rule 12(A), which was amended, by
which the concerned authority is empowered to impose fine
from Rs. 1,00,000 to Rs. 5,00,000/-. Sub-rule 2 of Rule 12(A)
(Release of Vehicles, Conveyance etc on Payment of Penalty) of
Bihar Prohibition and Excise Rules, 2021 has been amended by
Bihar Prohibition and Excise (Amendment) Rules, 2023 and it
reads as under :
"(2) The amount of penalty shall be as
decided by the Collector or the Officer authorized by
him. While imposing the penalty, he shall have due
regard to the quantity of intoxicant recovered,
involvement of the vehicle owner and the latest
insurance value of the vehicle. In no case, the
penalty should be less than 10% of the insured value
of the vehicle and more than Rs. 5 lakhs. The insured
value is the value of the vehicle as assessed by the
insurance company. Where, the insured value is not
Patna High Court CWJC No.6743 of 2025 dt.05-08-2025
available or the Collector or the Officer authorized
by him has reason to believe that the vehicle is
undervalued, he shall get the valuation done by the
District Transport Officer."
7. From perusal of the record it transpired that
there is recovery of huge quantity of 146.880 liters of illicit
liquor from his car and petitioner cannot escape from the
liability of recovery of such a huge quantity of illicit liquor. At
the same time, petitioner is not having criminal antecedent of
similar nature.
8. In the light of the aforesaid facts and
circumstances, as per the aforementioned provision of sub-rule
(2) of Rule 12(A), a fine of Rs. 3,00,000/- is justified and legal.
Accordingly, the impugned orders passed by the respondent
authorities are hereby modified to the extent that petitioner is
directed to deposit fine of Rs. 3,00,000/-. Certified copy of this
judgment shall be produced within two weeks before the Sub
Divisional Officer, Gopalganj and within two weeks from then
if the fine, as provided herein, is deposited, the vehicle shall be
released. If the fine is not remitted, Sub Divisional Officer,
Gopalganj shall continue with the confiscation proceedings and
consequential proceedings, including auctioning of subject
matter of motor vehicle if the motor vehicle is not auctioned as
Patna High Court CWJC No.6743 of 2025 dt.05-08-2025
on this day.
9. With the above observation/direction, the
present petition stands disposed of.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
mcverma/-
AFR/NAFR AFR
CAV DATE 30.07.2025
Uploading Date 06.08.2025
Transmission Date NA
