Patna High Court
Suman Yadav vs The State Of Bihar on 5 March, 2025
Author: Sunil Dutta Mishra
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5618 of 2022
======================================================
Suman Yadav Son of Shyam Sundar Yadav, Resident of Village-
Panchbhediya, P.S. - Ramgarhwa, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Registration,
Excise and Prohibition, Department, Government of Bihar, Patna.
2. The Additional Chief Secretary-cum-Revisional Authority, Registration,
Excise and Prohibition, Department, Government of Bihar, Patna.
3. The Excise Commissioner-cum-Appellate Authority, Registration, Excise
and Prohibition, Department, Government of Bihar, Patna.
4. The District Magistrate-cum-Confiscation Authority, Muzaffarpur.
5. The Superintendent of Police, Muzaffarpur.
6. The Superintendent of Excise Department, Muzaffarpur.
7. The S.H.O. Kanti Police Station, Muzaffarpur, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Upendra Kumar, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC-11.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
C.A.V. JUDGMENT
(Per: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA)
Date : 05-03-2025
Heard both the parties.
2. By filing the present writ petition, the petitioner
has prayed for the following relief(s):
(i) To issue writ/writs, order/orders,
direction/directions including a writ in the
nature of certiorari for quashing the order
dated 08.11.2021 passed in Excise
Confiscation Case No. 575/2021-22 by
Respondent No. 4 whereby and whereunder
Patna High Court CWJC No.5618 of 2022 dt.05-03-2025
2/6
he refused to release seized Scorpio bearing
Registration No. BR-05-PB-5471, Chassis
No. MA1TA2XM2M2D 38477, Engine No.
XMM4D18028, belongs to the petitioner. It
is further quashed the order dated
01.02.2022
passed in Appeal Excise Case
No. 62/2022 (as contained in Annexure-2) by
the respondent Excise commissioner by
which the excise confiscation Appeal
preferred by the petitioner and the order of
Excise confiscation Appeal Case of the
aforesaid Scorpio of the petitioner has been
dismissed and also affirmed the order of the
Respondent District Magistrate and also to
quash the revisional order dated 10.03.2022
passed in Excise Revision No. 66/2022 by
the Respondent Additional Chief Secretary
Bihar, Patna (as contained in Annexure-6)
which has been allowed to the Excise
Revision petition with condition to be
released Scorpio upon payment of 50% of
the insurance value of the vehicle as non-
refundable penalty.
(ii) To issue a writ/writs, order/orders,
direction/directions including a writ in the
nature of mandamus directing the
Respondents to release the seized Scorpio.
(iii) For granting any other relief or reliefs
for which the petitioner may be found
entitled in the facts and circumstances of the
case.
3. The petitioner had earlier approached this Court
in C.W.J.C No. 13086 of 2021 for release of his vehicle and
Coordinate Bench of this Court disposed of the said writ petition
vide order dated 27.07.2021 with direction to the authorities to
take appropriate action at the earliest and in accordance with
law, within the time scheduled fixed, failing which the
Patna High Court CWJC No.5618 of 2022 dt.05-03-2025
vehicle/property/things liable for confiscation shall be deemed
to have been released without any further reference to this court.
4. As per the prosecution's case, there is alleged
recovery of 700ml of illicit liquor in water bottle along with
Rs.93,860/- cash from the vehicle of petitioner bearing
Registration No. BR-05-PB-5471, Chassis No.
MA1TA2XM2M2D 38477 and Engine No. XMM4D18028. On
basis of the aforesaid facts, FIR was registered on 22.06.2021
bearing Kanti P.S. Case No. 420 of 2021 under Sections 30(a)
and 37(c) of Bihar Prohibition and Excise Act, 2016 (hereinafter
referred to as 'the Act') and the vehicle in question was seized.
The confiscation proceeding was initiated under Section 58 of
the Act. In confiscation proceeding i.e. Confiscation Case
No.575/2021-22, the vehicle in question was confiscated vide
order dated 08.11.2021 by S.D.M. Muzaffarpur (west) who was
assigned by the District Magistrate, Muzaffarpur to hear the
matter. The petitioner against the said order had filed Appeal
Excise Case No.62 of 2022 which was dismissed by Excise
Commissioner, Patna vide order dated 01.02.2022. The
petitioner had also filed Revision Application in Revision Case
No.66 of 2022 wherein the Additional Chief Secretary, Bihar
had directed for release of vehicle on payment of 50% of the
Patna High Court CWJC No.5618 of 2022 dt.05-03-2025
insured value of vehicle as non-refundable penalty.
5. Learned counsel for petitioner submits that the
vehicle in question was only parked nearby the occurrence and
there is no involvement of the said vehicle in any kind of illicit
liquor trade. It is further submitted that the vehicle in question is
lying open in thana premises without any proper maintenance
due to which the condition of vehicle in question is deteriorating
day by day. Further, with respect to the seizure list which
indicates alleged recovery of 700ml of illicit liquor from the
aforesaid vehicle, the provision as stipulated under Section 100
of Code of Criminal Procedure, 1973 read with Section 90 of
Act have not been complied with, thereby, violating statutory
provisions.
6. Per contra, learned counsel appearing for the
respondents submitted that the contentions raised by the
petitioner are not tenable in light of the orders passed by the
respondent authorities. It is, therefore, submitted that the order
passed by the confiscating authority, the appellate authority and
the revisional authority are on basis of the materials available on
record, and hence no interference is needed. Furthermore, it has
been submitted that the petitioner was found drunk at the place
of occurrence which was verified and authenticated by the
Patna High Court CWJC No.5618 of 2022 dt.05-03-2025
Breath Analyzer test.
7. Having gone through the material available on
record, it is crystal clear that there is meager amount of recovery
of 700ml of illicit liquor and imposition of aforesaid penalty is
totally disproportionate to the offence committed and conscious
of this court does not allow to impose harsh penalty for meager
amount of recovery of 700ml illicit liquor. Imposition of penalty
also does not commensurate with the offence committed
regarding recovery of 700ml of illicit liquor.
8. Under the aforementioned circumstances, we are
of the opinion that for recovery of a meager quantity of 700ml
of illicit liquor, imposition of 50% of the insured value of the
vehicle in question as penalty is not justified, as such, it is
reduced to a sum of Rs.25,000/- (Rupees Twenty Five Thousand
only). On perusal of the records, it appears that petitioner had
already deposited the penalty of Rs.3,60,000/- vide Challan
No.20 dated 16.01.2023, therefore, the competent authority is
directed to return back the surplus amount to the petitioner after
deduction of penalty of Rs.25,000/- within a period of four
weeks from the date of passing of this order.
9. Keeping in view of the discussions made above,
the order dated 10.03.2022 passed in Excise Revision Case
Patna High Court CWJC No.5618 of 2022 dt.05-03-2025
No.66 of 2022 is modified to the above extent.
10. With the above observation/direction, the
present petition stands disposed of.
(Sunil Dutta Mishra, J)
I agree
P. B. Bajanthri, J
(P. B. Bajanthri, J)
ritik/-
AFR/NAFR NAFR
CAV DATE 17.02.2025
Uploading Date 05.03.2025
Transmission Date NA
