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IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Karol, S. Kumar, JJ.
Rekha Devi W/o Ravindra Yadav – Petitioner
Versus
The State of Bihar through the Principal Secretary, Bihar Prohibition and Excise Department and ors. – Respondents
Civil Writ Jurisdiction Case No.8680 of 2021
Decided On : 23-06-2021
Bihar Prohibition and Excise Act, 2016 – Sections 30, 56, 58, 92, 93 – Confiscation of Vehicle – Release of Vehicle Prayed – Petitioner has prayed for reliefsto issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding respondents to release vehicle/TVS Apache motorcycle in favour of petitioner who is owner of said vehicle seized in Mokama P.S. Case under section 30 (a) of Bihar Prohibition and Excise Act,2016 lying in premises of Police station and subject to natural decay by furnishing sufficient security to satisfaction of Spl. Judge Excise, Patna – For issuance of appropriate writ, order/ direction Commanding the respondents to release motorcycle of petitioner during pendency of confiscation proceeding a reasonable surety till disposal of said confiscation proceeding – Any other relief/s to which petitioner is entitled in facts and circumstances of case.
Finding of the Court : Court direct that all proceedings under Section 58 must positively be initiated/concluded within a period of ninety days from the date of appearance of the parties – Appeal/Revision, if any, be also decided within a period of thirty days from date of initiation, failing which the “things” (vehicle/property/ etc.) shall be deemed to have been released in terms of several orders passed by this Court – Wherever confiscatory proceedings stand concluded and parties could not file appeal/revision within statutory period of limitation, as already stands directed in several matters, if they were to initiate such proceedings within next thirty days, plea of limitation would not come in their way of adjudication of such proceedings on merit – If Collector is not himself dealing with matter on account of delegation of power or assignment of work to another officer of his District, he shall fix a date directing parties to appear before said officer, which date shall be not exceeding one week – Also, he shall inform said authority of fixing of such date – Court only hope and expect that Authorities under Act shall take appropriate action at earliest and in accordance with law, within time schedule fixed, failing which vehicle/property/things liable for confiscation shall be deemed to have been released without any further reference to this Court.
Result : Petition Disposed of
JUDGMENT :
S. KUMAR, J.
1. Heard learned counsel for the petitioner and learned counsel for the State.
2. Petitioner has prayed for the following reliefs: -
(ii) For issuance of appropriate writ, order/ direction Commanding the respondents to release the motorcycle of the petitioner during the pendency of the confiscation proceeding a reasonable surety till the disposal of the said confiscation proceeding.
(iii) Any other relief/s to which the petitioner is entitled in the facts and circumstances of the case.”
3. Learned counsel for the petitioner prays that the petition be disposed of in terms of order dated 9th January, 2020 passed in CWJC No. 20598 of 2019 titled as Md. Shaukat Ali Vs. The State of Bihar and subsequent order dated 14th January, 2020 passed in CWJC No.17165 of 2019 titled as Umesh Sah Versus the State of Bihar & Ors. and order dated 29.01.2020 passed in CWJC No.2050 of 2020 titled as Bunilal Sah @ Munilal Sah.
4. Learned counsel for the respondents has no objection to the same.
5. The Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the Act) prohibits the manufacture, storage, distribution, transportation, possession, sale, purchase and consumption of any intoxicant or liquor, unless so allowed in terms of the Act. (Section 13).
6. In addition to the penalty imposed for committing such an offence, Section 56 of the Act lays down the procedure for confiscation of “things” used for in the commission of such an offence. The said Section reads as under:
(a) Any intoxicant, liquor, material, still, utensil, implement, apparatus in respect of or by means of which such offence has been committed;
(b) any intoxicant or liquor unlawfully imported, transported, manufactured, sold or brought along with or in addition to, any intoxicant, liable to confiscation under clause (a);
(c) any receptacle, package, or covering in which anything liable to confiscation under clause (a) or clause (b), is found, and the other contents, if any, of such receptacle, package or covering;
(d) any animal, vehicle, vessel or other conveyance used for carrying the same.
(e) Any premises or part thereof that may have been used for storing or manufacturing any liquor or intoxicant or for committing any other offence under this Act.
Explanation.-The word “premises” include the immovable structure, all moveable items within the structure and the land on which the premises is situated.”
7. Under section 58 power to issue an order of confiscation vests with the District Collector/Authorized officer, who upon receipt of the report of the seizing officer detaining such property (“things”) is required to pass an order.
8. This Court has been flooded with several petitions solely on account of non-initiation of such proceedings of confiscation or passing of illegal orders with respect thereto. Also, on account of lack of parties pursing the remedies so provided under the Act.
9. Consequently, the court was faced with the following fact situations:-
(ii) where such proceedings were initiated but not concluded within a reasonable time; (c) the parties after obtaining interim relief for release of “things” under orders passed in di
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