IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17802 of 2022

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Raj Kumar Singh Son of Siyaram Singh, Resident of Village-Sarupa, P.S.-

Dhaka, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Excise Department, Govt.

of Bihar, Old Secretariat, Patna.

2.

The District Magistrate, East Champaran.

3.

That Superintendent of Police, East Champaran.

4.

The S.H.O. Kundwachainpur, Police Station, East Champaran.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Manish Kumar Singh, Advocate

For the Respondent/s

:

Mr.Kumar Manish (SC 5)

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-02-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

Petitioner has prayed for the following reliefs: -

“ That the Present is being filed for release of vehicle

Hero Glamour Motorcycle bearing registration

No.BR22AB-3897, Engine No. JA06ERHGH08016

Chasis No. MBLJA5059HGH01571 belongs to the

petitioner, which has been seized by ASI SSB (Arising

out of Kundwachainpur P.S. Case No. 270 of 2021

dated 09.12.2021 registered under Section 30 (a) of

the Bihar Prohibition and Excise (Amendment) Act,

2018 is lying in the open sky without any case.”

Learned counsel for the petitioner prays that the

petition be disposed of in terms of order dated 9^th January, 2020

Patna High Court CWJC No.17802 of 2022 dt.02-02-2023

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passed in CWJC No. 20598 of 2019 titled as Md. Shaukat Ali

Vs. The State of Bihar and subsequent order dated 14^th January,

2020 passed in CWJC No.17165 of 2019 titled as Umesh Sah

Versus the State of Bihar & Ors. and order dated 29.01.2020

passed in CWJC No.2050 of 2020 titled as Bunilal Sah @

Munilal Sah.

Learned counsel for the respondents has no

objection to the same.

The Bihar Prohibition and Excise Act, 2016

(hereinafter referred to as the Act) prohibits the manufacture,

storage, distribution, transportation, possession, sale, purchase

and consumption of any intoxicant or liquor, unless so allowed

in terms of the Act. (Section 13).

In addition to the penalty imposed for committing

such an offence, Section 56 of the Act lays down the procedure

for confiscation of “things” used for in the commission of such

an offence. The said Section reads as under:

“56. Things liable for confiscation.-

Whenever an offence has been committed, which

is punishable under this Act, following things shall

be liable to confiscation, namely-

(a) Any intoxicant, liquor, material, still, utensil,

implement, apparatus in respect of or by means

of which such offence has been committed;

Patna High Court CWJC No.17802 of 2022 dt.02-02-2023

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(b) any intoxicant or liquor unlawfully imported,

transported, manufactured, sold or brought along

with or in addition to, any intoxicant, liable to

confiscation under clause (a);

(c) any receptacle, package, or covering in which

anything liable to confiscation under clause (a)

or clause (b), is found, and the other contents, if

any, of such receptacle, package or covering;

(d) any animal, vehicle, vessel or other

conveyance used for carrying the same.

(e) Any premises or part thereof that may have

been used for storing or manufacturing any

liquor or intoxicant or for committing any other

offence under this Act.

Explanation.- The word “premises” include

the immovable structure, all moveable items within

the structure and the land on which the premises is

situated.”

Under section 58 power to issue an order of

confiscation vests with the District Collector/Authorized officer,

who upon receipt of the report of the seizing officer detaining

such property (“th