IMPORTANT POINT
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.

JUDGMENT :

MOHIT KUMAR SHAH, J.

The present writ petition has been filed for desealing and release of land of the petitioner situated at Mauza Gonawa, Thana No. 367, District- Nawada appertaining to Khata No. 346, 88, Khesra No. 3192, 3193, admeasuring 6 decimal. The petitioner has further prayed for quashing the confiscating proceedings initiated by the respondents vide Case No. 35 of 2025 for confiscating the aforesaid land in question.

2. The brief facts of the case are that one Nawada Excise P.S. Case No. 873 of 2024 dated 13.12.2024 was registered under Sections 30 (a) and 44 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the “Act, 2016”) against Ranjit Kumar and Rahul Kumar @ Chhotu on account of recovery of 1.500 liters of illicit foreign liquor from the possession of the said accused persons as also recovery of 2.625 liters of illicit liquor from a sack hidden in the garbage lying in the premises in question.

3. The learned counsel for the petitioner has submitted that neither the petitioner nor her family members have been made accused in the aforesaid criminal case and moreover, the petitioner is not having any connection or relation with the aforesaid two accused persons namely Ranjit Kumar and Rahul Kumar @ Chhotu. It is further submitted that the sealed land in question belongs to the petitioner, however the petitioner resides at another place i.e. at Hospital Raod, Nawada and the sealed land in question is though surrounded by a boundary wall but several neighbors of the adjacent houses throw their garbage in the said land. It is next submitted that admittedly, meager quantity of 2.625 liters of illicit foreign liquor has been recovered from a sack which had been concealed in the garbage lying in the land of the petitioner and for the same two persons have been made accused in Nawada Excise P.S. Case No. 873 of 2024, who are absolutely strangers to the petitioner, hence it is submitted that the land in question be released in favor of the petitioner and the confiscation proceedings be quashed.

4. Per contra, the learned counsel for the respondents-State has submitted that a raid was conducted upon receipt of confidential information, whereupon Ranjit Kumar and Rahul Kumar @ Chhotu were apprehended with 1.500 liters of illicit foreign liquor in their possession and upon disclosure made by them, 2.625 liters of illicit liquor was recovered from a sack hidden in the garbage lying in the land of the petitioner, hence confiscation proceedings have rightly been initiated and the premises in question has rightly been sealed. It is further submitted that the petitioner has not yet filed any application for release of the premises in question upon payment of penalty under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022, hence as and when the same is filed, appropriate decision shall definitely be taken. Nonetheless, at this juncture, upon a query being put to the learned counsel for the respondents as to whether any proof has been brought on record in the counter affidavit to show either connivance or direct/ indirect involvement of the petitioner in the alleged occurrence, the answer is in the negative.

5. We have heard the learned counsel for the parties and perused the materials on record from which it is apparent that the present case arises out of Nawada Excise P.S. Case No. 873 of 2024 dated 13.12.2024 which has been registered under Sections 30 (a) and 44 of the Act, 2016 against Ranjit Kumar and Rahul Kumar @ Chhotu on account of recovery of 1.500 liters of illicit foreign liquor from their possession as also on account of recovery of 2.625 liters of illicit liquor from a sack hidden in the garbage lying in the premises of the petitioner. At this juncture, we would like to advert to the provisions contained in the amended Act, 2016, Section 30 , 56, 57B and 58 being relevant are being reproduced herein below:-

“30. Penalty for unlawful manufacture, import, export, transpo