The petitioner is allowed to seek de-sealing of a shop under specific procedural rules after legitimate claims to non-complicity in illicit activities.

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2 19-01-2026 The present writ petition has been filed for de-sealing the shop of the petitioner as also to release the same in favour of the petitioner which has been seized and sealed by the Excise Officials in connection with Daudnagar Excise P.S. Case No. 70 of 2025 dated 27.02.2025, registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act , 2016 against one Ravi Kumar, Govind Kumar (absconder) and owner of the shop from where 306 liters of illicit country made liquor has been recovered.

2. The learned counsel for the petitioner submits that the petitioner had given the shop, from which illicit liquor has been recovered, on rent to the respondent Nos.7 and 8, vide rent agreement dated 16.09.2023, hence it is not the petitioner who is having any complicity in the alleged recovery of the illicit country made liquor.

3. Nonetheless, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate petition under Rule 12 B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 (hereinafter referred to as the ‘Rules, 2022’) for release of the premises/shop on payment of penalty.

4. Having regard to the facts and circumstances of the case, we deem it fit and proper to grant liberty to the petitioner to file appropriate petition under Rule 12 B of the Rules, 2022 before the competent authority and in case such a petition is filed within a period of two weeks from today, the competent authority shall consider the same fairly, in accordance with law and pass a reasoned and a speaking order within a period of four weeks, thereafter.

5. Accordingly, present writ petition stands disposed of on the aforesaid terms. (Mohit Kumar Shah, J)

(Praveen Kumar, J)