Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation invalid.

Judgment :

JUSTICE S. B. PD. SINGH, J.

Heard the parties.

2. The present writ petition has been filed by the petitioner seeking following reliefs:-

“(i) For issuance of a writ in the nature of Certiorari for quashing the order dated 20.02.2023 passed in Excise Confiscation Case No. 04/2023 issued under the signature of Respondent No. 5 whereby and where under the truck (container) of the Petitioner bearing Registration No. MH-04JU-0423 was confiscated and a recommendation has been made to Sub Divisional Officer, Mahua for initiating the process of auction without the compliance of the doctrine of principles of natural justice which is inextricable and inseparable part of any punitive and harsh action causing loss of property and livelihood of the Petitioner.

(ii) For directing the Respondents to release the truck (container) of the Petitioner bearing Registration No. MH-04JU-0423 if not auctioned as yet or pay the adequate compensation with interest since the order of confiscation dated 20.02.2023 that has been passed in flagrant violation of the Principles of Natural Justice without serving any notice to the Petitioner.

(iii) For any other relief/ reliefs if the Petitioner found entitled in the facts and circumstances of the present case.”

3. The brief facts as per F.I.R is that on 26.12.2022, the vehicle (container) of Petitioner (Registration no. MH-04JU-0423) was seized after recovery of 477 litres of Indian made foreign liquor from the vehicle. The seizure list was prepared and Patepur P.S. Case No. 346 of 2022 dated 26.12.2022 was registered under Sections 30(a), 32(2), 41(1) of the Bihar Prohibition & Excise Act, 2016 against the owner and other apprehended accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner is the bona fide owner of the truck (container) bearing Registration No. MH-04JU-0423 and the vehicle of the petitioner has been hired by a transport company which was operated through the driver and cleaner. After seizure of the vehicle, the S.H.O, Patepur Police Station vide Memo No. 1347/22 dated 27.12.2022 forwarded the proposal for confiscation of the seized vehicle of the petitioner. On the basis of the aforesaid proposal, Excise Confiscation Case No. 04 of 2023 was initiated for confiscation of the vehicle of the petitioner and accordingly, vide order dated 20.02.2023, the vehicle of the petitioner was directed to be confiscated and a recommendation has been made to the Sub-Divisional Officer, Mahua to initiate the process of auction of the vehicle of the petitioner. The petitioner was not noticed at the time of initiation of confiscation proceeding and without hearing the petitioner, the vehicle of the petitioner was confiscated and vehicle of the petitioner was recommended to be auction sold. Accordingly, the vehicle of the petitioner was auction sold to one Sandeep Kumar at a throwaway price of Rs. 2.2 lakhs by the order of Sub-Divisional Officer, Mahua, Vaishali vide order dated 29.09.2023.

5. It is further submitted by learned counsel for the petitioner that the vehicle of the petitioner was auctioned by the respondent authorities without even giving any notice to him. The petitioner has given his vehicle on rent to Mr. Joga Ram, son of Shambhu Ram, SARLA, Barmer, Rajasthan and he only came to know about the seizure of the vehicle after three months of the seizure when agreement holder informed him. The petitioner had submitted form IV to the respondent No. 3 on 28.09.2023 when he was informed that his vehicle has been forwarded for auction without any notice to the petitioner. It is also submitted that the District Transport