K. Vinod Chandran, CJ.—The petitioner is aggrieved with the confiscation proceedings taken as Excise Confiscation Case No. 2/2016 by the 4th respondent against a vacant land in Khata No. 23, Plot No. 1666 and Rakba- 0.16 decimals situated on a four lane under the Circle Officer, Sasaram, Rohtas, belonging to the father of the petitioner. The petitioner contends that the property was illegally proceeded with on allegation of recovery of liquor from a room in a hotel and the vehicles parked in the premises, pursuant to which an FIR was registered, which is produced as Annexure-1. It is the contention of the petitioner that the father of the petitioner had entered into an agreement of lease with the person who was running the hotel for a period of nine years, which agreement dated 29.07.2009 is marked as Annexure-2. The father of the petitioner died eight years back and the lease expired in the year 2018. The petitioner has filed the application since he is the legal heir entitled to have possession and ownership of the property.

2. The learned counsel appearing for the petitioner argued that there is nothing recovered from the conscious possession of the petitioner and the premises was in the possession of another who was running a hotel therein. There is no offense made out under the Bihar Excise and Prohibition Act, 2016, against the vacant land nor is there an allegation against the hotel. The petitioner who is now the owner of the land has not been made an accused. The order of confiscation which was affirmed by the Appellate and Revisional Authority according to the learned counsel are not in accordance with the provisions of the Act and the Rules. Further it is argued that there was only a small quantity of 1.440 litres recovered, in 8 bottles of IMFL, each having 180 ml. The quantum available is very small and there is no reason for confiscating the building and not at all the premises in which the building stands.

3. The learned Government Advocate, however, points out that the FIR indicates that there was sale of liquor in the premises and the persons who were within and outside the premises fled, when the police party came. The premises were searched and also the vehicles parked within the premises from within which IMFL was recovered. The seizure list indicates that sale of liquor was conducted within the premises. The learned State Counsel also submits that if at all the petitioner requires the property to be absolved from confiscation proceedings, he has to approach the Confiscating Authority, The District Collector under Rule 12B of the Bihar Prohibition Rules.

4. We have carefully perused the records and especially the FIR which is produced as Annexure-1. A translated copy was obtained from the Registry. It is seen from the FIR that on receiving secret information that there is service of wine to a few persons sitting in the Jai Gurudev Line Hotel at Kanchanpur, Siwana, a police party had proceeded there. When the police party reached the premises, they saw a commotion at the front of the hotel caused by people under influence of alcohol. There were also some people sitting inside the hotel drinking wine. A white colored Alto car and four motorcycles were parked in the premises. On seeing the police party, the people gathered in the hotel and its premises fled, who were chased by the police party and one person apprehended. The arrested person had the smell of alcohol and revealed his name and address and also admitted to be the owner of the Alto car parked in the premises. Inside the hotel, empty bottles were seen abandoned and during search, 8 foreign liquor bottles of 180 ml and a bottle of 375 ml Royal Stag was found hidden in a jute bag in the south-eastern corner in a room of the hotel. The white Alto car parked in the premises also contained several bottles of foreign liquor. Another bottle of 375 ml Royal Stag was recovered from a table inside the hotel, in which there was 1/3 liquor remaining. There were als