IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3263 of 2022

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Raushan Kumar S/o Umesh Singh Resident of Village - Sathe, P.S. - Roh

District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar,

Patna.

2.

The Divisional Commissioner, Excise Department, Patna Division, Patna.

3.

The District Collector, Nawada.

4.

The Superintendent of Police, Nawada.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Sheo Kumar Prasad, Advocate

For the Respondent/s

:

Mr.Kumar Manish (S.C. 5)

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

(The proceedings of the Court are being conducted through Video Conferencing and the

Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 22-04-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

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Allegation is recovery of 1.5 litres of illicit liquor

from the bag of the petitioner.

Petitioner claims to be the owner of the said vehicle.

It is further submitted that a meagre quantity of 1.5

of liquor has been recovered from the bag of the petitioner, as

such, it cannot be construed that the vehicle was used for

transporting/carrying illicit liquor.

In the facts and circumstances of the case, the District

Magistrate/Confiscating Officer concerned is directed to

provisionally release the vehicle of petitioner after due

identification of ownership of the vehicle seized by the police in

excise case on production of ownership and registration papers

with respect to vehicle in question in his name with two sureties

(one local) to the extent of the value of the vehicle as indicated

in the insurance document.

The petitioner while submitting the sureties shall also

furnish the following affidavits/undertakings:

(i) That the petitioner shall not indulge in

creating any third party right or interest in respect of the

vehicle during the pendency of the confiscation proceeding

and shall not alienate the vehicle during this period.

(ii) The petitioner shall furnish an undertaking to

produce the vehicle before the confiscating authority as

and when required.

(iii)Prior to release of the vehicle, a Panchanama

would be prepared wherein the photograph of the vehicle

shall be taken and will be certified by the petitioner and

Patna High Court CWJC No.3263 of 2022 dt.22-04-2022

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same shall be kept on record so that in future if so required,

it may be used as a secondary evidence. The petitioner

shall furnish an undertaking not to challenge the said

Panchanama.

The release shall be allowed within a period of 14 days

from the date of submission of the sureties and the undertakings

as stated above, which would however be subject to finalization

of the confiscation proceeding.

OR

It is submitted on behalf of counsel for the State that

during pendency of writ petition, there has been amendment in

the Bihar Prohibition and Excise Rules, 2021 and a new Rule

12(A) has been inserted which reads as under:-

“12. A. Release of Vehicles, Conveyance etc. on

payment of Penalty:- (1) If any vehicles, conveyance, vessel,

animal etc. has been seized by any police or excise officer under

the Act, then in terms of section -57B(1) of the Act, the Collector

or an officer authorized by him upon receipt of an application in

Form IV by the owner of the said conveyance or vehicle etc.,

may release the said conveyance or vehicle upon payment of

such penalty as may be ordered by the Collector or the officer

authorized by him.

Provided, where it is not possible to ascertai