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K. VINOD CHANDRAN, MADHURESH PRASAD
Rambabu Prasad – Appellant
Versus
State of Bihar – Respondent
Madhuresh Prasad, J. – The petitioner is concerned with release of the premises, that is, petitioner’s room situated at plot No. 233, Khesra No. 721 measuring 10 x 14 feet, seized in connection with Khaira (Nagra) PS Case No. 111 of 2022 registered for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.
2. As per First Information Report (FIR), on 17.03.2022 there was alleged recovery of two bottles of 180 ML each of Radico 8 PM English wine. 42 days thereafter, on 27.04.2022 the premises from which the alleged recovery was made, were sealed. That confiscation proceedings are pending before the Deputy Collector Land Reforms, Sadar Chapra in confiscation case number 378 of 2022.
3. Copy of the records of confiscation proceedings has been annexed as Annexure - 4 to the writ petition. The same seems to have been initiated on 28.05.2022. It is not in dispute that till date confiscation order has not been passed.
4. Learned counsel for the petitioner has submitted that as per Rule 12 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 (hereinafter referred to as ‘2022 Rules’) sealing of the premises, from which there is alleged recovery of illicit liquor,
Writ petition for de-sealing premises under the Bihar Prohibition and Excise Act allows liberty for filing a release application with specified timelines for processing.
Petitioner may file for de-sealing under Rule 12B, with statutory obligations outlined for timely decisions.
Court mandates timely resolution of confiscation proceedings, ensuring property rights are upheld.
The court permitted filing for release under the Bihar Prohibition and Excise (Amendment) Rules, 2022, mandating timely disposal by the Collector.
The Court permits the petitioner to file a release petition under the Bihar Prohibition and Excise Rules, facilitating a fair consideration process by the authority.
The court allows a petitioner to seek relief under statutory provisions for de-sealing property seized for illicit activities, ensuring a timely decision from authorities.
Confiscation of properties under the Bihar Prohibition and Excise Act requires proof of owner's involvement in the offense; a lack of such proof invalidates the confiscation.
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