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.

JUDGMENT :

ALOK KUMAR PANDEY, J.

This writ petition has been filed by the petitioner against the order dated 28.01.2025 passed in Excise Appeal Case No. 01 of 2025 by the Excise Commissioner, Bihar, Patna affirming the order dated 16.07.2024 passed by the Sub Divisional Officer, Gopalganj in Confiscation (Excise) Case No. 290 of 2024.

2. In the instant writ petition, petitioner has prayed for the following reliefs :

“(I) To quash/ set aside the impugned order dated 28.01.2025 passed in Excise Appeal Case No. 01/2025 by the learned Excise Commissioner, Bihar, Patna as contained in Annexure-P/5 to this writ application by issuing a writ to the nature of Certiorari.

(II) To quash/set aside the impugned order dated 16.07.2024 passed in Sub Divisional Confiscation (Excise) Case No. 290 of 2024 by the learned Sub Divisional Magistrate, Gopalganj as contained in AnnexureP/3 to this writ application by issuing a writ to the nature of Certiorari.

(III) To give order/orders, direction/directions commanding the respondent authorities to release the Swift Dzire Car of the petitioner by issuing a writ in the nature of Mandamus.

(IV) To give order/orders, direction/directions commanding the respondent authorities to not confiscated/forfeited and auction sell of the Swift Dzire Car of the petitioner by issuing a writ in the nature of Mandamus.

(V) To any other relief/reliefs as petitioner is entitled to get in the facts and circumstances of the case.”

3. Briefly stated, the facts of the present case is that there is alleged recovery of 146.880 liters of illicit liquor from the Swift Dzire Car of the petitioner bearing registration No. BR-09AP-7814. On the basis of aforesaid fact, Kuchaikote P.S. Case No. 609 of 2023 was registered under sections 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2018.

4. Learned counsel for the petitioner submitted that petitioner is not named in the first information report but he is the owner of the vehicle in question. Merely because of recovery of the alleged illicit liquor from the vehicle in question, the order of confiscation has been passed against the petitioner. It is submitted that no proper notice was served upon the petitioner in the confiscation proceeding which is against the cardinal principles of the natural justice. Being aggrieved by the order of confiscation, petitioner filed appeal before the Excise Commissioner, Bihar, Patna in Excise Appeal Case No. 01 of 2025, which has also been rejected by order dated 28.01.2025 without considering the case of the petitioner. Petitioner has never used his vehicle for transportation of India made foreign liquor. Learned counsel submits that there is complete violation of section 100 Cr.P.C. corresponding to Section 103 B.N.S.S. as the seizure list reflects several discrepancies. It is submitted that there is neither any videography nor F.S.L./Chemical examination of illicit liquor, which is in clear violation of the provisions of the Bihar Prohibition and Excise Act, 2016 (as amended 2022). It has been orally submitted that petitioner has no criminal antecedent of similar nature. It is submitted that the orders passed by the confiscating authority and the appellate authority are illegal, arbitrary and perverse and not in accordance with law and hence they are fit to be set aside. Petitioner is further ready to avail the remedy under Rule- 12(A) of the Bihar Prohibition and Excise (Amendment) Rule, 2021 read with amended Rules 2022 and 2023 and the petitioner is further ready to deposit the amount fixed by the confiscating authority. Petitioner is the bona fide owner of the seized vehicle and he has no concern with the seized illicit liquor.

5. Per contra, learned counsel for the respondents su