Patna High Court
Mohd Shehzad vs The State Of Bihar on 6 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5367 of 2025
======================================================
Mohd Shehzad S/o Mohd Arifeen, R/o- H No. D-5 Loard Krishna Road
Adarsh Nagar, P.S. - Adarsh Nagar, District- Delhi.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Excise and Prohibition Department
Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Gopalganj, Bihar.
4. The Superintendent of Police, Gopalganj, Bihar.
5. The Superintendent of Excise, Gopalganj, Bihar.
6. The SHO, Excise Police Station, Hathua, Dist- Gopalganj, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhanshu Prakash
For the Respondent/s : Mr.Government Pleader (14)
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 06-05-2025
In the instant petition, petitioner has prayed for
the following relief(s):-
"i. For issuance of a writ of Mandamus
or any other appropriate order/orders,
direction/directions directing the respondents
to release the vehicle of the petitioner which is
BREZZA SMART HYBRID VXI, having
Registration No- DL-5-CU-9947, Engine No.-
K15CN9220209 and Chassis No.-
Patna High Court CWJC No.5367 of 2025 dt.06-05-2025
MA3RYHL1SPC226431 which has been
seized by the State officials under the Hathua
P.S. Case No. 299 of 2024 u/s 30(a)of the
Bihar Prohibition and Excise (amendment)
Act, 2018;
ii. For direction may be given for
disposal of present case in light of the Hon'ble
Patna High Court's decision in Sunaina Vs
State of Bihar (CWJC No.7920/2023).
iii. For any other order/orders,
relief/reliefs for which the petitioner may be
entitled in the eyes of law."
2. Briefly stated the facts of the case is that there
is alleged recovery of 444 litres of illicit liquor from the
boot-space of the vehicle. One Deepak was apprehended
while Narayan Yadav managed to escape from the scene.
On the basis of aforesaid fact, Hathua P.S. Case No. 299 of
2024 dated 22.12.2024 was registered under Sections 30(a),
41(1) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Learned counsel for the petitioner submitted
that petitioner is the owner of the seized vehicle and he has
no concern with the seized illicit liquor. The petitioner
Patna High Court CWJC No.5367 of 2025 dt.06-05-2025
willfully leased out his car through an internet-based
platform named Zoomcar to the accused persons upon
execution of lease agreement. The accused in contravention
of the terms of the lease agreement, deliberately misused
the vehicle for illegal transportation of liquor in the State of
Bihar. It is further submitted that till date, no notice of
initiation of confiscation proceeding has been received by
the petitioner.
4. Considering the fact that huge quantity of
liquor was seized from the vehicle registered in the name of
the petitioner, the concerned authority is hereby directed to
collect fine of Rs.5,000,00/-(Five Lakhs) which is the
maximum fine under law and release the subject matter of
vehicle within a period of one week from the date of receipt
of this order and petitioner has no objection to pay the
aforementioned fine.
5. We are conscious of the fact that the aforesaid
order has been passed while invoking extra ordinary
jurisdiction under Article 226 of the Constitution of India
for the reasons that unnecessarily petitioner shall not be
subjected to various proceedings like Rule of 12A of the
Patna High Court CWJC No.5367 of 2025 dt.06-05-2025
Bihar Prohibition and Excise Rules, 2021 read with
amended sub Rule 2 of Rule 12A in the year 2022 and
2023, Sections 58, 92 and 93 of the Bihar Prohibition and
Excise Act, 2016, and such order is required to prevent the
multiplicity of proceeding in the interest of justice.
6. Accordingly, the writ petition stands disposed
of.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 15/05/2025
Transmission Date N/A
