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, is required to be done within 24 hours from the institution of FIR. The petitioner's premises have been sealed after 42 days of alleged recovery. The same is based on extraneous considerations, which is manifest from the long inordinate delay without any justification, whatsoever. In fact, the petitioner has been made a scapegoat due to extraneous considerations by alleging recovery of a minuscule quantity (360 ML) from within the premises of the petitioner’s shop. In view of the procedural lapse in sealing of the premises, this Court should not permit the authorities to inflict the severe consequence of sealing/confiscation of the premises in question and direct for release of the same without any delay.

5. This Court earlier had granted time to the respondents for filing counter affidavit, which have been filed. It is not in dispute that sealing of the petitioner’s premises is 42 days after alleged seizure/recovery of the illicit liquor.

6. The State, however, has taken a stand that the prescription in Rule 12, requiring sealing of the premises within 24 hours is contained in the 2022 Rules, which have come into effect from the date of its notification, that is, 05.04.2022. Rule 12, therefore, cannot be made applicable to the date of seizure of liquor, that is, 17.03.2022. In view of the Act, recovery of illicit liquor from the petitioner’s shop entails the consequence of seizure/confiscation and the petitioner cannot be permitted to raise any objection to such seizure/confiscation under the statute.

7. On consideration of the rival submissions, this Court would find that as on the date of alleged recovery of illicit liquor from the petitioner’s premises, that is, 17.03.2022, Section 62 of the Act, that is, prior to amendment by Bihar Act 03 of 2022 on 01.04.2022, was applicable, which reads as follows.

"62. Premises liable to be sealed. – If it comes to the notice of any excise officer or any police officer, not below the rank of a Sub Inspector, that any liquor or intoxicant has been found at a particular premises or a particular premises or a part thereof is or has been used for committing any offence under this Act, he may immediately (emphasis ours) seal the premises and send a report to the Collector for the confiscation of the same.

Provided that if the said premises are temporary structures which cannot be effectively sealed, then the excise officer or the police officer, with the order of the Collector, may demolish such temporary structures."

8. Section 62 clearly provides the discretion to the excise officer or any police officer, not below the rank of Sub Inspector, to “immediately” seal the premises from where any liquor or intoxicant is found or which has been used for committing any offence under the Act.

9. The prescription “immediately” i