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P. B. BAJANTHRI, ARUN KUMAR JHA
Shivpujan Yadav @ Shivpujan Singh – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. – With the consent of the learned counsel for the respective parties, matter is taken up for final disposal.
2. In compliance of our previous order dated 03.08.2023, Sanjay Kumar Sinha, ADM, Rohtas is present in the Court.
3. A supplementary affidavit has been filed on behalf of respondent nos.3 and 4 which is taken on record.
4. In the instant petition, petitioner has prayed for the following reliefs: –
(i) For issuance of writ in the nature of Certiorari for setting aside the order dated 06.04.2023 in Excise Revision Case No. 12 of 2023 whereby and where under the Learned Principal Secretary, Excise Department, Government of Bihar imposed penalty of Rs. 5,00,000/- (reducing it from Rs. 7,00,000/- to Rs. 5,00,000/-) against the petitioner for release of the confiscated premises and upheld the order of learned Collector-cum-District Magistrate, Rohtas, Sasaram dated 13.12.2022 in Excise confiscation case No. 320 of 2022 arising out of Sasaram (town) P.S. Case No. 161 of 2022 dated 28.02.2022 under Rule 12B of Bihar Prohibition and Excise (Amendment) Rules, 2022.
(ii) For directing the respondent authorities to furnish the details pertaining to the basis of calculati
The court modified a confiscation order into a monetary penalty under the Bihar Prohibition and Excise Act, balancing legal enforcement and rights to property.
Penalty imposition must comply with statutory provisions; unauthorized penalties for vehicle seizure exceed legal authority and are impermissible.
Penalty for vehicle release in excise seizure cases must consider meagre liquor quantity, lack of owner involvement, and insurance value; full insured amount exorbitant without regular illicit use ev....
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