Back
RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Shantanu Kumar – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard learned counsel for the petitioner and learned SC-10 for the State.
2. The petitioner in this case is seeking setting aside of the part of the order dated 23.01.2024 passed by the confiscating authority by which the confiscating authority has imposed a penalty of 50% of the insured value which comes to Rs. 3,45,776/- for release of the vehicle in question. It is further ordered that a sum of Rs. 10,373/- shall also be imposed as penalty of security and maintenance of the vehicle in question.
It is submitted that not only the quantum of penalty is highly excessive keeping in view the quantity of liquors being 23.250 liters, the competent authority has exceeded his power to impose an another kind of penalty which is not authorized by law.
3. Learned counsel for the petitioner submits that a new Rule 12(A) was inserted after Rule 12 of the Bihar Prohibition and Excise Rules, 2021 vide an amendment Rule published in Bihar Gazette Extraordinary No. 181 dated 05.04.2022. Earlier under sub-rule (2) of Rule 12A it was provided that the penalty shall be 50% of the latest insured value of vehicle/conveyance. However, vide Bihar Prohibition and Excise (Amendment) R
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....
The court determined a penalty under the Bihar Prohibition and Excise Act must be reasonable, referencing Rule 12A for vehicle release conditions.
The court modified vehicle confiscation penalties, establishing limits on lawful penalty amounts under the Bihar Prohibition and Excise Act.
Vehicle owners cannot be penalized for release if their vehicle was stolen and they are not involved in criminal activities, reaffirming judicial principles of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
