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P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Rakesh Kumar alias Rakesh Kumar Singh – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. – In the instant petition, petitioner has prayed for the following reliefs: –
"(i) Issuance of writ of certiorari quashing the order, dated 07.02.2017/16.05.2017 the passed by Collector-cum-District Magistrate, Muzaffarpur in Confiscation Case No.26 of 2016-17 by which in purported exercise of powers conferred under Section 58 of the Bihar Prohibition and Excise Act, 2016, the entire premises, namely, Hotel Chandralok Continental, Muzaffarpur situated over Khata No.140, Khesra No.45(Ka), (Kha), (Ga), 46(Ka), (Kha), (Ga) having an area of 0.3090 hectres has been confiscated; the Sub-Divisional Officer, East Muzaffarpur has been directed to declare the aforesaid property as Government property and to ensure handing over of the physical possession of the property to the Circle Officer, Musahari, Muzaffarpur;
(ii) Directing the respondents to forthwith release the aforesaid premises situated over Khata No.140, Khesra No.45(Ka), (Kha), (Ga), 46(Ka), (Kha), (Ga) having an area of 0.3090 hectres in the district of Muzaffarpur in favour of the petitioner;
(iii) To stay the impugned order, dated 07.02.2017/16.05.2017 passed by the Collector-cum-District Magistrate, Muzaffa
The court modified a confiscation order into a monetary penalty under the Bihar Prohibition and Excise Act, balancing legal enforcement and rights to property.
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 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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