(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 11-12-2025 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, vi