Madhuresh Prasad, J. – The writ petitioner seeks quashing of order dated 31.05.2022 passed in confiscation case no. 74 of 2022 directing for confiscation of the petitioner’s house and lands appurtenant thereto. There is alleged recovery of 5.76 liters of illicit liquor from the house.

2. It is the petitioner’s case that alleged recovery is from a house jointly owned by the petitioner and his brother. The allegations are palpably false and the order of confiscation is unsustainable. Section 62 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as "Act") as it existed on the date of seizure mandates immediate sealing of the premises from which any liquor or intoxicant is recovered, or such premises which have been used for committing any offence under the Act.

3. In the instant case, it is the petitioner's contention that admittedly the house, in question, has never been sealed. Had any liquor been recovered from the premises, the authorities would surely have sealed it. The authorities cannot be permitted to arbitrarily take a decision one fine day to start confiscation proceeding against any property/premises. The Act provides a check on such arbitrariness by spec