ORAL JUDGMENT :

MOHIT KUMAR SHAH, J.

The present writ petition has been filed for setting aside the order dated 30.08.2025, passed by the learned Additional Collector-cum-Additional District Magistrate, Nalanda in Confiscation (Excise) Case No.145 of 2025, in connection with Biharsharif P.S. Case No. 159 of 2025 dated 12.03.2025, registered under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise (Amendment) Act, 2022 (hereinafter referred to as the ‘Act, 2022’). The petitioner has prayed for quashing of the appellate order dated 24.12.2025, passed by the learned Excise Commissioner, Bihar in Excise Appeal Case No.195 of 2025 as also release his Alto car bearing registration No. BR 01 PK 7909, Chassis No. MA3EUA61S00F16890, Engine No. F8DN6268612 in his favour without being asked to deposit any penalty.

2. The brief facts of the case are that while the Sub-Inspector of Police, Bihar Police station along with armed force had left for patrolling duty on 11.03.2025 at about 22:00 hours and were checking vehicles on 12.03.2025 at about 3:30 am, one white colour Alto car was seen coming from the side of Nakatpura bearing registration No. BR 01 PK 7909, which was stopped by the patrolling party and it was found that apart from the driver four persons were sitting in the said vehicle whereafter, upon search being made, 1.485 liters of foreign liquor and 555 ml of country made liquor was recovered from the passengers, however admittedly no illicit liquor was recovered from the driver of the vehicle. The said occurrence had led to filing of the aforesaid FIR bearing Biharsharif P.S. Case No.159 of 2025.

3. The learned counsel for the petitioner submits that the petitioner had filed an application for release of the vehicle under Section 12A (2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the ‘Rules, 2023’), however the learned court of Additional Collector-cum-Additional District Magistrate, Nalanda by an order dated 30.08.2025 has directed to release the vehicle upon payment of penalty to the tune of Rs. 1,45,000/- as also payment of 3% charge on the head of security and maintenance of the vehicle in question, totaling to a sum of Rs. 4350/-. The petitioner had challenged the said order dated 30.08.2025 by filing an appeal bearing Excise Appeal Case No. 195 of 2025, however the learned Commissioner, Bihar Patna, by an order dated 24.12.2025, while holding that the learned counsel for the petitioner has not been able to produce any proof regarding the vehicle in question not being used for transporting illicit liquor, has directed for release of the vehicle upon payment of 25% of the newest insurance value of the vehicle in question and as to the said extent set aside the order dt. 30.8.2025, passed by the Ld. Additional Collector-cum-Additional District Magistrate, Nalanda.

4. The learned counsel for the petitioner submits that admittedly, the petitioner is the driver of Ola vehicle and during the ordinary course of his business, the said car was booked by passengers and while he was transporting four passengers in the said car, the police patrolling party had apprehended the car and upon search, illicit liquor, as aforesaid, was recovered from one of the said four passengers from the front seat. Thus, it is submitted that admittedly, neither the petitioner is having any role in ferrying of the said illicit liquor nor his car was being used to illegally transport illicit liquor. Thus, it is submitted that a lenient view be taken and the vehicle of the petitioner be released.

5. Per contra, the learned counsel for the respondent-State has though opposed the prayer of the petitioner for release of the vehicle upon payment of penalty, however he has not been able to show from the records that the petitioner is having any complicity in the matter, much less his vehicle is regularly involved in transportation of illicit liquor or the petitioner is involved in other cases of similar nature.

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