Patna High Court
Lalati Devi vs The State Of Bihar 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.6010 of 2025
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Lalati Devi W/o Late Bachu Nat, Resident of village - Ahiyarpur, P.S.
Noorsarai, District - Nalanda, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Department of Prohibition, Excise and
Registration, Government of Bihar, Patna.
2. The Secretary, Department of Prohibition, Excise and Registration,
Government of Bihar, Patna.
3. The Excise Commissioner, Department of Prohibition, Excise and
Registration, Government of Bihar, Patna.
4. The Additional Collector-cum-Additional District Magistrate, Nalanda,
Bihar, Patna.
5. The District Magistrate, Nalanda, Bihar Sharif.
6. The Deputy Collector Land Reforms, Bihar Sharif, Nalanda, Bihar.
7. The SHO, Noorsarai P.S., Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binod Kumar Singh
For the Respondent/s : Mr.Standing Counsel (25)
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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) For issuance of a writ of certiorari or
any other appropriate writ(s), order (s) or
direction in the nature thereof, for setting aside
order dated-07.01.2025 passed in Excise
Appeal Case No.115 of 2024 (Lalti Devi vs.
Patna High Court CWJC No.6010 of 2025 dt.07-05-2025
Collector, Nalanda & Ors.) by Respondent
No.3-the Excise Commissioner, Patna, only to
the extent of imposition of fine of Rs. 1,00,000/-
on the petitioner, as the same is onerous and
exorbitant on the petitioner;
ii. For issuance of any other appropriate writ,
order, direction for which the writ petitioner
would be found entitled to under the present
facts and circumstances.
2. There is recovery of 4 litres of country made
liquor from the residential house of the petitioner. On the
basis of the aforesaid facts, Noorsarai P.S. Case No. 403 of
2021 dated 28.11.2021 was instituted under Sections 272,
273 of the Indian Penal Code and Section 30 (a) of the
Bihar Prohibition & Excise Act, 2018.
3. It is submitted by learned counsel for the
petitioner that petitioner is an old widow lady belonging to
BPL category. She works as daily house help in the
neighbourhood for earning her livelihood. She further stated
that during the life time of her husband, a small piece of
land was purchased by the petitioner through registered sale
deed. The petitioner had nine daughters in which one
Patna High Court CWJC No.6010 of 2025 dt.07-05-2025
daughter is left to be married. She used to live in the said
house with her unmarried daughter. The petitioner has
further submitted that after seizure of the illicit liquor, a
confiscation proceeding was initiated by the concerned
authority and residential house of the petitioner was
confiscated and sealed vide order dated 03.05.2022 passed
in Excise Confiscation Case No. 13 of 2022 by the Deputy
Collector, Land Reforms, Biharsharif. The petitioner further
submitted that being aggrieved by the order of the DCLR,
Biharsharif, the petitioner filed Excise Appeal No. 115 of
2024 before the Commissioner, Excise, Bihar, Patna. The
Excise Commissioner was pleased to set aside the order of
the DCLR, however, directed to release the part of the
residential house of the petitioner which was seized, subject
to payment of penalty of Rs. 1,00,000/-(One Lakh) as per
Rule 12(Kh) of the Bihar Prohibition & Excise Rules, 2021.
The petitioner is a poor old lady and she cannot arrange for
payment of penalty of Rs. 1,00,000/-. Moreover, alleged
illicit liquor was seized from the possession of the son-in-
law of the petitioner. It is further submitted that the
respondent authorities, while passing the order did not
Patna High Court CWJC No.6010 of 2025 dt.07-05-2025
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 house of
the petitioner. The petitioner has alternative remedy to get
the house 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 4 litres of illicit country made liquor has
been made from the house which was owned by the
petitioner. The petitioner claims that recovery was not made
from her conscious possession, rather recovery was made
from the son-in-law of the petitioner.
6. In that view of the matter, this Court finds that a
penalty of Rs. 5,000/-(Five Thousands) is appropriate in
light of the facts and circumstances of the case, for which
petitioner has no objection.
Patna High Court CWJC No.6010 of 2025 dt.07-05-2025
7. Accordingly, the order dated 07.01.2025 passed
by learned Commissioner, Excise, Bihar, Patna vide Excise
Appeal No. 115 of 2024 is modified to the above extent.
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 4 litres of country made
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 remit a penalty of Rs. 5,000/-(Five Thousands)
and the concerned authority is hereby directed to collect
fine of Rs. 5000/-(Five Thousands) and release the part of
the residential house of the petitioner, which was seized,
within a period of one week from the date of receipt of this
Patna High Court CWJC No.6010 of 2025 dt.07-05-2025
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
