ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 28-04-2023

1. The petitioner is aggrieved with the seizure of his vehicle bearing Registration No. BR06AV-8997, Chassis No. MA3EUA61S00838581, Engine No. F8DN5604871. An FIR was registered on 24.02.2023 as Pipra P.S. Case No. 70 of 2023 on seizure of the vehicle for reason of recovery of 750 ml. of IMFL from the vehicle.

2. Learned counsel for the petitioner submits that no confiscation proceedings have been taken till now.

3. The provision under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (hereinafter referred to as "Rules") speaks of a discretion conferred on the District Collector for release of the vehicle, if the offence is found to be one that would jeopardize public interest, if the vehicle is released. It is also provided in Rule 12A of the Rules that for such release being effectuated, a penalty of 50 percent of the insured value has to be imposed. We see from Rule 12B of the Rules, an analogous provision with respect to the seizure of property, from which liquor is recovered, that there are various factors which would regulate the discretion of District Collector in determination of penalty, which also inclu