IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJAY KAROL, CJ. and S. KUMAR, J.
CWJC No. 12189 of 2019
(24.6.2020)
Anil Singh @ Anil Patel – Petitioner
vs.
State of Bihar & Ors. – Respondents
Bihar Prohibition and Excise Act, 2016 – Section 56 – Confiscation of vehicle – High 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 remedies so provided under the Act – All proceedings under Section 58 must positively be initiated/concluded within a period of ninety days from date of appearance of parties – Appeal/Revision be also decided within a period of 30 days from date of initiation failing which 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, 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 – Liberty reserved to petitioner to take recourse to such remedies as are otherwise available in accordance with law if need so arises subsequently. (Paras 8, 18, 19 and 23)
Sanjay Karol, CJ. – Heard learned counsel for the petitioner and learned counsel for the State.
2. Petitioner has prayed for the following reliefs: –
“(i) To issue an appropriate writ order or direction in the nature of certiorari to quash the order dated 23-9-2016 as passed by the learned court of Collector, Kaimur at Bhabua in confiscation Case No.101 of 2016-17 where under the vehicle of the petitioner has been confiscated by the learned court of Collector, Kaimur at Bhabua without followed the provision laid down in the Bihar Prohibition and Excise Act, 2016.
(ii) To issue an appropriate writ, order or directions including a writ in the nature of mandamus commanding the respondents to release the vehicle of the petitioner as motorcycle No. BR 45E 2423 which is belonging to the petitioner.
(iii) To issue an appropriate writ/order/direction directing the respondents not to take any coercive measures against the petitioner.
(iv) and/or other writ order or direction may be issued in which the petitioner is entitled to.”
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 vs. 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: –
“56. Things liable for confiscation. – Whenever an offence has been committed, which is punishable under this Act, following things shall be liable to confiscation, namely –
(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:- (a) where despite seizure, no proceedings for confiscation under Section 58 were initiated; (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 different set of writ petitions, did not participat
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