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K. VINOD CHANDRAN, MADHURESH PRASAD
Rina Devi – Appellant
Versus
State of Bihar – Respondent
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 wa
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.
The court modified a confiscation order into a monetary penalty under the Bihar Prohibition and Excise Act, balancing legal enforcement and rights to property.
The court upheld the confiscation of a vehicle used for illicit liquor transport but modified the penalty to Rs. 3,00,000, affirming the importance of evidence over a lack of criminal antecedents.
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