Patna High Court
Shiromani Patel @ Shiromani Chhotelal ... vs The Principal Secretary on 7 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6427 of 2025
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Shiromani Patel @ Shiromani Chhotelal Patel Son of Late Chhotelal Patel,
resident of Village - Raghunathpur, Tola-Santhali, Ward No. 12, Raghunatpur,
P.O. Mahua Bazar, P.S. Basanahi, District - Saharsa (Bihar)
... ... Petitioner/s
Versus
1. The Principal Secretary Prohibition Excise and Registration Department
(Excise), Government of Bihar, Patna
2. The Excise Commissioner, Bihar, Patna
3. The District Magistrate -cum- Collector, Saharsa
4. The Superintendent of Police, Saharsa
5. The Assistant Commissioner) Excise, Saharsa
6. The S.H.O., Basanahi Police Station, District Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Akash Anand
For the Respondent/s : Mr.Standing Counsel (4)
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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 : 07-05-2025
In the instant petition, the petitioner has prayed for
the following reliefs(s):-
"i) To direct the respondent authorities to
provisionally release the vehicle i.e. Mahindra
Scorpio vide Registration No. BR-11PC -2445
vide Engine No. TDL4A82015, Chassis No.
MA1TA2TDKL2A17624, which having been
Patna High Court CWJC No.6427 of 2025 dt.07-05-2025
seized in connection with Basanahi P.S. Case
No. 245/2023, instituted under section 30(a) /
41, Bihar Excise and Prohibition (Amendment)
Act 2022, on 11.12.2023 and the same being
subject mater of confiscation (Excise) Case
no.21/2024 which has been confiscated vide
order dated 23.9.2024 passed by the Learned
District Magistrate -cum-Collector, Saharsa
(Respondent no.3).
(ii) To quash the order dated 23.9.2024 passed
by the Collector, Saharsa (Respondent No.3) in
confiscation (Excise) case No. 21/2024 by
which the vehicle of the petitioner has been
confiscated.
(iii) To quash the notice vide memo no.3046
dated 31.12.2024 passed by the Assistant
Commissioner (Respondent no. 5) (Excise)
Saharsa
(iv) To grant any other relief (s) for which the
petitioner may be found entitled in the facts and
circumstances of the case..
2. There is recovery of 2 litres and 250 ml country
made liquor from the Scorpio vehicle of the petitioner
bearing Registration No. BR-11PC 2445. The petitioner and
Shankar Mistri were apprehended from the spot. On the
Patna High Court CWJC No.6427 of 2025 dt.07-05-2025
basis of the aforesaid facts, Basanahi P.S. Case No. 245 of
2023 dated 11.12.2023 was instituted under Section 30(a),
41 of the Bihar Prohibition & Excise Act, 2022.
3. It is submitted by learned counsel for the
petitioner that petitioner is only the owner of the vehicle in
question. The petitioner was apprehended and he was sent
to jail but thereafter, he has been released on bail by learned
Court below. The petitioner has received a notice issued
from the Court of Collector, Saharsa in connection with
Confiscation (Excise) No. 21 of 2024, regarding
confiscation proceeding with regard to the vehicle of the
petitioner. The petitioner appeared and submitted his written
submissions but without considering the written submission
the order of confiscation was passed on 23.09.2024 in a
arbitrary and cryptic manner. The petitioner, thereafter
approached before the Assistant Commissioner, Excise,
Saharsa for release of his vehicle against the order of
confiscation passed on 23.09.2024 in Confiscation (Excise)
Case No. 21 of 2024. The Assistant Excise Commissioner,
Saharsa has sent a notice to the petitioner on 31.12.2024
vide Memo No. 3046 to release the vehicle on paying 50
Patna High Court CWJC No.6427 of 2025 dt.07-05-2025
percent of the insurance cost as penalty within 15 days
under sub-clause 12(K) of the Bihar Excise & Prohibition
(Amendment) Act, 2022. It is further submitted that the
respondent authorities, while passing the order did not
appreciate Rule 12A (2) of the Bihar Prohibition & Excise
Rules, 2021, in which the quantum of recovered liquor is
one of the key factors which has to be considered while
imposing the penalty over the seized vehicle under the
Bihar Excise & Prohibition Amendment Act, 2018.
4. Learned counsel for the respondents submits
that recovery of illicit liquor was made from the vehicle of
the petitioner. The petitioner has alternative remedy to get
the vehicle released after making payment of penalty in
terms of Rule 12(A) of the Bihar Prohibition & Excise
Rules, 2021.
5. From perusal of the record, it has transpired that
alleged recovery of 2.250 litres of illicit liquor has been
made from the vehicle registered in the name of the
petitioner. The petitioner claims that recovery was not made
from his conscious possession, rather police officials have
mala fidely conspired against the petitioner to make him
Patna High Court CWJC No.6427 of 2025 dt.07-05-2025
accused.
6. In that view of the matter, this Court finds that a
penalty of Rs. 15,000/-(Fifteen Thousands) is appropriate in
light of the facts and circumstances of the case, for which
petitioner has no objection.
8. We are conscious of the fact that alleged
recovery is of meager quantity and 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 Bihar
Prohibition and Excise Rules, 2021 read Sections 58, 92
and 93 of the Bihar Prohibition and Excise Act, 2016, for a
trivial issue relating to seizure of 2.250 litres of illicit liquor
and the aforesaid decision is warranted to prevent
multiplicity of proceeding under Excise Act and Rules, in
the interest of justice.
9. Considering the facts aforesaid, the petitioner is
directed to deposit a penalty of Rs. 15,000/-(Fifteen
Thousands) and the concerned authority is hereby directed
to collect fine of Rs. 15,000/-(Fifteen Thousands) and
Patna High Court CWJC No.6427 of 2025 dt.07-05-2025
release the vehicle of the petitioner within a period of one
week from the date of receipt of this order.
10. 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
