Statutory procedures for auction and confiscation of seized vehicles must be strictly followed to uphold fairness; failure to comply necessitates remedies, including compensation and investigation into possible corruption.

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 18-12-2025

We have heard learned counsel for the petitioner, learned AC to GA-2 to the State and learned counsel for respondent No. 9.

2. Pursuant to the order dated 14.11.2025, the ADM, Muzaffarpur, Assistant Commissioner (Excise), Muzaffarpur and the Motor Vehicle Inspector, Muzaffapur (in short the “MVI, Muzaffarpur”) are present in person with the records.

3. This Court has interacted with all the officers in course of hearing.

Reliefs Prayed

4. (i) The present writ application has been filed seeking a writ in nature of a writ of certiorari to quash and cancel the auction sale of Mahindra Scorpio S9 vehicle, bearing Registration No. BR06PE-1648, Chasis No. MAITA2WR2J2L10413 and Engine No. WRJ4L10413, which has been auctioned on 31.03.2023 vide Memo No. 939 dated 08.04.2023 (Annexure-P/4). The petitioner has alternatively prayed for award of a compensation to the tune of Rs. 12,12,517/-, which was the insured value of the vehicle at the time of seizure.

(ii) The order passed by the Revisional Authority on 05.06.2025 in Excise Revision Case No. 11 of 2025 (Annexure- P/9) by which the Secretary (Liquor Prohibition and Excise), Govt. of Bihar, Patna has refused to interfere with the order of confiscation of the vehicle and the appellate order has also been challenged.

(iii) In paragraph 1(iv), the petitioner has specifically prayed for setting up an enquiry into the affairs of the Excise Department, Muzaffarpur in the matter of auction of vehicle, wherein a racket is operating and only few number of people get a chance to participate in the auction, under hand dealing is allegedly rampant. The petitioner has prayed for appropriate direction for action against the culprit persons/employees.

Facts in brief

5. The petitioner is the owner of Mahindra Scorpio S9 vehicle of the description stated hereinabove. The vehicle has been seized in connection with Sakra P.S. Case No. 722 of 2020 under Sections 41 4/34 of the Indian Penal Code and Sections 30 (a), 41, 56(B) and 56(D) of the Bihar Prohibition and Excise Act 2016 (in short the “Excise Act or the Act of 2016”).

6. It is the case of the petitioner that he had approached the Court of learned Exclusive Special Excise Judge-1, Muzaffapur for release of the vehicle. The learned Court ordered for release of the same vide order dated 11.01.2023, but the same was not released in the favour of the petitioner. It is further stated that no notice of confiscation proceeding was received by the petitioner, but the vehicle was auctioned in favour of one Bhola Sah (respondent No. 9) on 31.03.2023. It is stated regarding said Bhola Sah that he is the man set up by the then Dy. S.P. (East), Muzaffarpur.

Order dated 14.11.2025

7. Taking note of the kind of averments made in the writ application, this Court, while hearing the matter on 14.11.2025, passed the following order:-

“The facts revealed in the present writ application are mind-blowing. A vehicle Mahindra Scorpio S9 manufactured in November, 2018 having an insurance value of Rs.12,12,517/- during the period January, 2019-January, 2022 was seized on 25.12.2020 by the officer in-charge of Sakra police station, namely, Lal Kishore Gupta. He lodged a First Information Report on the basis of his self-statement alleging that from the Scorpio vehicle of the petitioner there was a recovery of 3.750 liters of foreign liquor. As advised to the petitioner, he applied for release of the vehicle in the court of learned Exclusive Excise Court No.1, Muzaffarpur where the case was pending and the learned court vi