Patna High Court
Shri Kamal Kumar Jaluka vs The State Of Bihar on 24 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2143 of 2025
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Shri Kamal Kumar Jaluka S/o K.Kumar Jaluka C/o PU Forms PVT. Ltd. 96,
Muktaram Basu Steet, Kolkata (W.B.)
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner Excise Department, State of
Bihar Patna.
2. The Director General of Police, Bihar Patna.
3. The Collector cum District Magistrate, Kaimur at Bhabua
4. Superintendent of Police, Kaimur at Bhabua
5. Superintendent of Excise Prohibition, Kaimur at Bhabua
6. Sub-divisional Magistrate, Bhabua (Kaimur)
7. Inspector of Excise Police Station, Kaimur at Bhabua
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan
For the Respondent/s : Mr.Government Pleader (27)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA)
Date : 24-03-2025
1. Heard the parties.
2. In the present writ application, the petitioner prays for
grant of the following reliefs:
(i) For issuance of writ certiorari or any
appropriate writ to set aside the order dated 16.8.2023
passed by the Sub Divisional Officer, Bhabua (Kaimur) in
Patna High Court CWJC No.2143 of 2025 dt.24-03-2025
Excise (Vehicle Confiscation) Case No. 196 of 2023 arising
out of Excise Case No. 273 of 2023 whereby confiscated
the vehicle Toyota Enova Car, bearing registration No.
WB20U-6787, belonging to this writ petitioner and
directed to auction sale within two months for the alleged
recovery of 0.770 ml liquor.
(ii) To direct the respondent Authorities to
released the aforesaid Toyota Innova Car, bearing
registration No. WB20U-6787 in favor of petitioner.
(iii) To pass any further order/direction as deem
fit and proper to the fact of this case.
3. Petitioner is stated to be the owner of Toyota Innova
Car bearing Registration No. WB20U-6787. On 05.04.2023,
Excise Case No.272/2023 was lodged under Section 30(A) of the
Bihar Prohibition and Excise Amendment Act, against four named
accused persons. It has been alleged therein that on 05.04.2023 in
the course of checking of vehicle informant alongwith Excise team
stopped a Toyota Innova Car bearing Registration No. WB20U-
6787 which was found coming from Uttar Pradesh. It is further
alleged that in the car four persons were found sitting who
disclosed their names as (1) Dhananjay Sao, (2) Rajeev Chatterjee,
(3) Sobasachi Chatterjee and (4) Bishru Pad Shasmal. In search,
one bottle of Mc. Dowell liquor of 750 ml is said to have been
Patna High Court CWJC No.2143 of 2025 dt.24-03-2025
recovered from the back of the driver's seat, as such seizure list
was prepared with regard to the liquor and vehicle of the
petitioner. Petitioner contended that his vehicle Toyota Innova Car
bearing Registration No. WB20U-6787 has been seized and is
lying in police station in open sky. Petitioner further contended
that he was not found sitting in the vehicle in question rather his
relatives were coming from Uttar Pradesh and unfortunately one
bottle of liquor of 750 ml was found in the back seat of driver of
the car in question. Petitioner also submits that although Excise
(Vehicle Confiscation) Case No. 196 of 2023 was initiated by the
Sub-Divisional Magistrate, Bhabua (Kaimur) wherein notice was
said to have been issued to the petitioner but the petitioner never
received any notice and as such he did not appear before the Sub-
Divisional Magistrate, Bhabua (Kaimur) in the confiscation case.
Finally, on 16.08.2023, the Sub-Divisional Magistrate, Bhabua
(Kaimur) is said to have passed ex-parte order in Excise (Vehicle
Confiscation) Case No. 196 of 2023 and confiscated the aforesaid
Toyota Innova Car belonging to the petitioner and directed to sell
the confiscated vehicle through auction sale and deposit the money
in treasury.
4. The petitioner submits that the order of confiscation
and direction for auction sale passed by the Sub-Divisional
Patna High Court CWJC No.2143 of 2025 dt.24-03-2025
Magistrate, Bhabua (Kaimur) is bad in the eye of law and has been
passed without proper application of mind as the Sub-Divisional
Magistrate, Bhabua (Kaimur) ought to have considered that the
owner of the vehicle i.e. the petitioner was not found sitting in the
vehicle and rather his relatives were coming from Uttar Pradesh
after attending a marriage party. The petitioner further submits that
the vehicle of the petitioner is more precious/valuable than the
small quantity of liquor recovered which is only 750 ml. The
vehicle in question as per the petitioner is lying in the open sky
and day to day it is deteriorating. Hence, prayer has been made for
setting aside the order dated 16.08.2023 passed in Excise (Vehicle
Confiscation) Case No. 196 of 2023 arising out of Excise Case No.
273 of 2023 and consequently for release of the vehicle in question
i.e. Toyota Innova Car bearing Registration No. WB20U-6787 in
favour of the petitioner.
5. In the instant case, it is crystal clear that there is a
meager quantity of recovery of 750 ml of illicit liquor and
therefore confiscation and auction sale of the vehicle in question
which is far more valuable does not seem to be justified.
6. In light of the aforementioned discussion and
considering the facts and circumstances of the case, we are of the
opinion that confiscation and auction sale of vehicle in question
Patna High Court CWJC No.2143 of 2025 dt.24-03-2025
which is an expensive car for a meager quantity of 750 ml of illicit
liquor recovered therein is not commensurate and reasonable. The
petitioner is, therefore, directed to pay a sum of Rs.10,000/-
(Rupees Ten Thousand Only) as fine within two weeks from the
date of this order and then the vehicle in question shall be released
in favour of the petitioner.
7. Considering that the alleged recovery is of a meager
quantity, therefore, it would not be proper and in the interest of
justice to subject the petitioner various proceedings under the
Excise Act like Sections 58, 92, 93 and Rule 12A of the Bihar
Prohibition and Excise Rules, 2021 (as amended in the year 2022
and 2023). Hence, in exercise of extraordinary jurisdiction under
Article 226 of the Constitution of India, the above direction has
been given to prevent the multiplicity of proceedings.
8. If the fine of Rs.10,000/- (Rupees Ten Thousand
Only) is deposited by the petitioner within two weeks from the
date of receipt of this order then all proceedings relating to order
dated 16.08.2023 passed by Sub -Divisional Officer, Bhabua
(Kaimur) in Excise (Vehicle Confiscation) Case No. 196 of 2023
arising out of Excise Case No. 273 of 2023 shall stand closed but
if the fine is not deposited within the stipulated period then the
Patna High Court CWJC No.2143 of 2025 dt.24-03-2025
respondent authorities should continue with further proceedings
for auction sale of the vehicle in question.
9. With the above observations/directions, the present
writ petition stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Sinha, J)
sanjeev/-
AFR/NAFR
CAV DATE
Uploading Date 24.03.2025
Transmission Date
