Patna High Court
Binay Kumar Singh vs The State Of Bihar on 22 November, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15319 of 2024
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Binay Kumar Singh, son of Shyam Sundar Singh, resident of Village-
Kurthiya, Ward No.- 13, Post- Jhikuliya, Thana- Belhar, Darha, Sangrampur,
Banka, Bihar- 813212.
... ... Petitioner/s
Versus
1. The State of Bihar through its Secretary, Prohibition, Excise and
Registration Department, Government of Bihar.
2. District Magistrate, Munger, Bihar.
3. Assistant Commissioner, Prohibition, Munger, Bihar.
4. Officer-in-Charge, Gangta Police Station, Munger, Bihar.
5. Officer-in- Charge, Belhar Police Station, Munger, Bihar.
6. Managing Director, Bihar State Beverages Corporation Limited, Campus of
Excise Chemical Examiner, Gulzarbagh, Sandalpur Road, Patna- 800006,
Bihar.
7. Superintendent, Excise & Prohibition, Munger, Bihar.
8. Deputy Superintendent of Police, Munger, Bihar.
9. Motor Vehicle Inspector, Munger, Bihar.
10. Senior Deputy Collector, Legal Branch, Munger, Bihar.
11. Additional Collector-cum-Additional District Magistrate, Munger, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar
For the Respondent/s : Mr. Standing Counsel (22)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 22-11-2024
The present writ petition has been filed by the
petitioner seeking following reliefs:-
"i. For the issuance of appropriate
Patna High Court CWJC No.15319 of 2024 dt.22-11-2024
2/31
writ/writs, order/orders, direction/directions
in the nature of certiorari to hold that the
Petitioner's motorcycle bearing Registration
no. BR08J-4539, Engine no.-
HA10AGHHE46813, Chasis No.-
MBLHAR077HHF42923 was illegally
auctioned by the Respondent authorities
ii. For the issuance of appropriate
writ/writs, order/orders, direction/directions
in the nature of certiorari directing the
Respondent Authorities for payment of
compensation to the Petitioner for the loss
caused by the illegal auction of the aforesaid
motorcycle.
iii. For the issuance of appropriate
writ/writs, order/orders, direction/directions
in the nature of certiorari directing the
Respondent Authorities to return the amount
of Rs. 2654.00 which the Petitioner
deposited pursuant to the order dated
23.01.2024passed in Confiscation case no.
217/2023-24 by the Court of Collector cum District Magistrate, Munger.
iv. For the issuance of appropriate writ/writs, order/orders, direction/directions in the nature of certiorari directing the Respondent Authorities to pay the cost of Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 3/31 litigation and the other costs to the Petitioner which the Petitioner had to bear to get his vehicle released and/or for getting the presently sought compensation.
v. For the issuance of appropriate writ/writs, order/orders, direction/directions in the nature of certiorari directing action against the erring officials.
vi. For granting any other relief/reliefs to the Petitioner in order to do complete justice in the facts and circumstances of the case."
2. The relevant facts of the case as emerging from the record are that on 14.01.2018, the petitioner had purchased a Hero Splendor (Red) motorcycle bearing Chasis no. MBLHAR077HHE42923, Engine no. HA10AGHHE46813 which was registered with the Transport Department with Registration No. BR-08- J4539. On 17.04.2021, motorcycle of the petitioner was stolen in front of the Primary Health Centre, Belhar while the petitioner had gone for check-up. The petitioner, thereafter registered Belhar P.S. Case No. 126 of 2021 (Annexure-P/2) under Section 379 of the Indian Penal Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 4/31 Code on the same very day i.e. 17.04.2021.
3. Further case of the petitioner is that on 30.09.2021, the petitioner received a call from Gangta Police Station whereby the petitioner was informed that his motorcycle had been seized in an excise case. The petitioner went to the Police Station with all the documents related to his motorcycle. The Officer-in- charge, Gangta Police Station informed the petitioner that his motorcycle had been seized by the Police as 42 Litres of liquor was recovered from it and Gangta P.S. Case No. 114 of 2021 has been registered for the offences under the Bihar Excise and Prohibition Act. The petitioner was informed that he would receive a notice from the Office of District Magistrate, Munger and all the documents relating to the motorcycle may be presented before the District Magistrate on the date fixed in the said notice. On getting such information, the petitioner filed an application (Annexure-P/3) before District Magistrate, Munger on Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 5/31 24.11.2021 for release of the his motorcycle which was seized by the Gangta Police Station stating therein that the said motorcycle had got stolen and Belhar Case no. 126/21 (Annexure-P/2) was registered in this regard. However, no action was taken on the aforesaid application dated 24.11.2021.
4. On 02.01.2024, the petitioner received a notice (Annexure-P/4) in Confiscation Case No. 217 of 2023-24 wherein he was informed that his motorcycle has been seized in Gangta P.S Case No. 114 of 2021 dated 30.08.2021 which was registered under Sections 30(a), 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018 and proposal has been received for confiscating the petitioner's motorcycle and a date was fixed on 09.01.2024 at 3:00 P.M to produce evidence in his defence. After receiving notice, the petitioner appeared before the District Magistrate, Munger and produced all the relevant documents including invoice, Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 6/31 certificate of registration, insurance policy and other documents relating to the theft of motorcycle before the Court of District Magistrate. The District Magistrate, Munger, after considering all the facts and circumstances including the aforesaid documents submitted by the petitioner, passed the final order in the aforesaid Excise Vehicle Confiscation case No. 217 of 2023-24 on 23.01.2024 (Annexure-P/5) and directed the respondent authorities to release the motorcycle of the petitioner on payment of penalty of Rs. 2654/- and additional amount of Rs. 80/- in accordance with Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021.
5. Pursuant to the aforesaid order dated 23.01.2024, petitioner deposited a sum of Rs. 2,654.00 with the Excise and Prohibition Department, Munger on 05.02.2024. True copy of the Challan dated 05.02.2024 against the aforesaid deposit done by the petitioner is hereby annexed as Annexure- P/6. After the payment of Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 7/31 penalty by the petitioner on 05.02.2024, the Assistant Commissioner, Prohibition, Munger (respondent No. 3) on the same day sent a letter (Annexure-P/7) to the Officer- in-Charge, Gangta Police Station (respondent No. 4) stating therein that the petitioner has deposited the penalty amount of Rs. 2,654/- and directed to release the motorcycle of the petitioner in accordance with the order of the District Magistrate, Munger dated 23.01.2024. On 05.02.2024 itself, the petitioner went to the Gangta Police Station with the aforesaid order dated 23.01.2024, copy of challan, release paper dated 05.02.2024 (Annexure-P/7), but the Officer-in-charge informed that his motorcycle had already been auctioned and a copy of the order dated 26.05.2023 issued by the Office of Superintendent, Prohibition confirming the auction was handed over to him. A true copy of the aforesaid order dated 26.05.2023 issued from the office of Superintendent, Prohibition, Munger is hereby annexed as Annexure P/8. The petitioner, thereafter filed complaints Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 8/31 (Annexure-P/9 series) before the Public Grievance redressal forum at Munger and Banka for compensation of monetary loss, and for physical and mental harassment, and also for action against erring officials but the petitioner got no relief and neither any action was taken against erring officials. The petitioner, thereafter, represented before the District Magistrate, Munger, Assistant Commissioner, Prohibition, Munger and Superintendent of Police, Munger vide letters dated 30.08.2024, 27.08.2024 and 30.08.2024 respectively requesting therein for compensation for monetary loss, and physical and mental harassment, and also for action against erring officials. The copies of the aforesaid letters dated 30.08.2024, 27.08.2024 and 30.08.2024 are hereby annexed as Annexure P/10 series.
6. It is submitted by learned counsel for the petitioner that the motorcycle of the petitioner was auctioned by the respondent authorities without even Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 9/31 confiscating it and without giving any notice to him. The petitioner received notice in confiscation proceeding and he appeared before the District Magistrate who had directed to release the motorcycle of the petitioner on payment of penalty and in pursuance to the direction of the District Magistrate, he has paid the penalty and went to the Gangta Police Station with release paper where he was informed that his motorcycle has already been auctioned.
7. Per contra, learned counsel for the respondents submitted that motorcycle of the petitioner was confiscated and auctioned in a collective confiscation and auction proceedings as per direction contained in Letter No. 633 dated 25.01.2023 issued by the then Additional Secretary, Prohibition, Excise & Registration Department, Government of Bihar to the District Magistrates in Bihar. He further submits that later initiated confiscation proceeding was on account of Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 10/31 clerical error. The petitioner was not vigilant for his rights and he did not submit the application in Form-IV to get his vehicle released as per Rule 12A of the Bihar Prohibition & Excise Rules, 2021 though being aware of the fact that his vehicle has been seized in an Excise case.
8. Before we consider the rival submission of the parties, it would be imperative to refer to the relevant statutory provisions and case laws:-
9. Sections 47, 56, 57B, 58, 61, 92, 93, 95 of the Bihar Prohibition and Excise Act, 2016 and the Bihar Prohibition and Excise Rules, 2021 are relevant statutory provisions in the aforesaid facts and circumstances.
10. Section 47 provides for liability of the person who is under control of the vehicle knowingly permits it to be used for commission by any other persons of an offence punishable under provision of the Excise Act to punishment in the same manner as if he had himself committed the said offence. It reads as follows:-
Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 11/31 "47. Penalty for allowing premises, etc., to be used for commission of an offence:- Whoever, whether being a licensee under this Act or otherwise, and having the control or use of any house, room, enclosure, space, animal or conveyance, knowingly permits it to be used for commission by any other person of an offence punishable under any provision of this Act, shall be punishable in the same manner as if he had himself committed the said offence."
11. Section 56 of the Act provides for liability of seized vehicles, amongst other seized items, for confiscation. As per this Section, as it stood prior to amendment in 2022, vehicle used for carrying any intoxicant or liquor is liable for confiscation. The pre- amendment provision of Section 56 is relevant because alleged offence has been committed on 17.04.2021. Section 56 as stood prior to amendment in 2022, reads as follows:-
"56. Things liable for confiscation. Whenever an offence has been committed, which is punishable under this Act.- Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 12/31
(a) any intoxicant or liquor unlawfully imported, transported, manufactured, sold, stored, possessed, material, utensil, implement, apparatus, package or covering and or the other contents, if any, of such receptacle, package or covering for the purposes of storing, manufacturing or labelling such intoxicant or liquer;
(b) any animal, vehicle, vessel or other conveyance used for carrying any intoxicant or liquor, or
(c) 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;
shall be liable to be confiscated in a manner prescribed under the provisions of the Act,
(d) The State Government, if deem necessary, may issue necessary directions, guidelines, Regulations and instructions with respect to mode and manner of search, seizure and confiscation."
(Emphasis supplied)
12. Section 57B as inserted in 2022, by way of amendment, provides that any vehicle used for committing any offence punishable under the Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 13/31 Prohibition and Excise Act and having been seized by any police officer or Excise Officer may be released by the Collector upon payment of such penalty as may be notified by the State Government. This Section is applicable to all pending confiscation proceedings by virtue of Explanation no. 2. This Section reads as follows:-
"57B. Things or premises liable to be released upon penalty.-(1) Any animal, vehicle, vessel or other conveyance used for committing any offence punishable under this Act that has been seized by any police Officer or Excise Officer may be released by the Collector upon payment of such penalty as may be notified by the State Government.
(2) Any premises or part thereof used for committing any offence punishable under this Act that has been seized by any police Officer or Excise Officer may be released by the Collector upon payment of such penalty as may be notified by the State Government.
Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 14/31 (3) If the person concerned does not pay the penalty, then the Collector shall proceed to confiscate the said animal, vehicle, vessel or other conveyance and premises as per section-58.
Explanation 1.- It shall not be a right of the accused to get his conveyance, item or premises released upon payment of the required penalty. The Collector, based upon a report by a police officer or an excise officer, may, for reasons to be recorded in writing, still refuse to release the said conveyance, item or premises and proceed ahead with confiscation and auction/destruction.
Explanation 2.-The Collector shall, from the date of this Amendment coming into force, close the on-going confiscation proceedings if the person concerned pays the penalty as notified and release such vehicle, conveyance or premises.
Explanation 3.-Such release shall not affect the outcome of trial, if any before the Special Court."
(Emphasis supplied)
13. Section 58 of the Act provides for the Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 15/31 procedure and conditions for confiscation of the vehicle or conveyance and other things by District Collector or Officer authorized by him. As per Sub-section 1 of Section 58, the officer seizing the vehicle is required to report to the District Collector without any reasonable delay and as per Sub-Section 2 if the Collector is satisfied, as per the report, that an offence under this act has been committed, he is authorized to confiscate the vehicle, but, as per Sub-section 3, only after giving reasonable opportunity to the person concerned for hearing. Section 58 reads as follows:-
"58. Confiscation by District Collector.-(1) Notwithstanding anything Contained in this Act or any other law for the time being in force, where anything liable for confiscation under this Act is seized or detained under the provisions of this Act, the officer seizing and detaining such property shall, without any reasonable delay submit a report to the District Collector who has jurisdiction over the said area;
Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 16/31 (2) On receipt of the report under sub-section (1), the District Collector if satisfied that an offence under this Act has been committed, may, whether or not prosecution is instituted for the commission of such an offence and whether or not a case is pending before any court, order confiscation of such property;
(3) The Collector shall, before passing an order under sub- section (2), give a reasonable opportunity to the person concerned, of being heard;
(4) While making an order of confiscation under sub- section (2), the District Collector may also order that such of the properties which the order of confiscation relates, which in his opinion cannot be preserved or are not fit for human consumption, be destroyed.
Whenever any confiscated article has to be destroyed in conformity with these provisions, it shall be destroyed in the presence of a Executive Magistrate or officer ordering the confiscation or forfeiture, as the case may be, or in the presence of the Excise Officer not below Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 17/31 the rank of a Sub-Inspector;
(5) While making an order of confiscation under sub- section (2), if the District Collector is of the opinion that it is expedient in the public interest to do so, he may order the said property or any part thereof to be sold by public auction or dispose of departmentally and proceeds deposited with the State Government, (6) The District Collector shall submit a full report of all particulars of confiscation to the Commissioner of Excise within one month of such confiscation."
(Emphasis supplied)
14. Section 61 provides that when an order for confiscation of any property, which includes vehicle also, has been passed under section 58 of the Bihar Prohibition and Excise Act, 2016 and such order has become final, the property gets vested in the State Government free from any encumbrance. Section 61 reads as follows:-
Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 18/31 "61. Confiscated articles to vest with the Collector.- When an order for confiscation of any property has been passed under Section 58 and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, as the case may be, shall vest with the State Government free from any encumbrance."
15. Section 92 provides for departmental appeal against the final orders passed by the authorities under the Act. The order passed by Excise Officer, lower in rank than District Collector, is appealable to District Collector within 60 days, order passed by District Collector is appealable to Excise Commissioner and order passed by Excise Commissioner is appealable to the State Government within 90 days. However, no second appeal is provided against an order passed by Excise Commissioner. Section 92 reads as follows:-
"92. Appeals.-(1) All final orders passed by any Excise Officer other than Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 19/31 the Excise Commissioner or Collector under this Act, shall be appealable to the Collector within sixty days from the date of the order.
(2) All final orders passed by the Collector and Excise Commissioner shall be appealable to the Excise Commissioner and the State Government respectively within ninety days from the date of the order complained of. Provided that no second appeal shall lie against an order passed by the Excise Commissioner on appeal.
(3) The State Government may make rules in this behalf."
16. Section 93 provides for departmental revision. The revisional power has been vested with the State Government. Section 93 reads as follows:-
"93. Revision.- The State Government may, on its own motion or on an application made to it, call for and examine the records of any proceeding before any excise officer or any document, including that relating to renewal or refusal of license or grant of Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 20/31 permit, pass etc. under this act, for the purpose of satisfying itself as to the correctness and legality of any order passed in, and as to regularity of any such proceeding and may, when calling for such record, direct that the order be not given effect till the pendency of the examination of the record, so called for. After examining the record, the State Government may annul, reverse, modify or confirm such order, or pass such other order as it may deem fit."
17. Under Section 95 of the Bihar Prohibition and Excise Act, 2016, the Bihar Government is empowered to make rules to carry out the purposes of the Act. Bihar Prohibition and Excise Rules, 2021 has been made by Bihar Government under Section 95 of the Act. Rule 12A, as inserted in 2022 by way of amendment, provides for release of vehicle, conveyance etc. on payment of penalty. This Rule is applicable to all pending confiscation/auction proceedings by virtue of its Explanation. This Rule reads as follows:-
Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 21/31 "12A. 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 ascertain the owner of the vehicle or the owner is not coming to claim the vehicle, the Collector or the officer authorized by him, after waiting for 15 days from the date of seizure, shall proceed to confiscate and auction the vehicle as per the provisions of the Act.
(2) The amount of penalty shall be as decided by the Collector or the Officer authorized by him. While imposing the penalty, he shall have due regard to the quantity of intoxicant recovered, involvement of the vehicle owner and the Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 22/31 latest insurance value of the vehicle. In no case, the penalty should be less than 10% of the insured value of the vehicle and more than Rs. 5 lakhs. The insured value is the value of the vehicle as assessed by the insurance company.
Where, the insured value is not available or the Collector or the Officer authorized by him has reason to believe that the vehicle is undervalued, he shall get the valuation done by the District Transport Officer. In any case, the Collector shall not wait beyond 15 days from the date of seizure and if during this period, the accused/owner does not pay up the penalty, he shall proceed with the confiscation/auction."
(3) Notwithstanding above, if on a report by police officer or excise officer, the Collector or the officer authorized by him is satisfied that releasing the vehicle or conveyance shall not be in the public interest, he shall proceed ahead with the confiscation of the said vehicle or conveyance and its subsequent auction/disposal.
(4) Where the conveyance is such that its valuation/insurance is not possible, Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 23/31 the Collector or the officer authorized by him shall impose such fine as he deems fit. While imposing such fine, the Collector or the officer authorized by him shall have due regard to the economic status of the individual, nature of his involvement in the crime and the quantum of intoxicant recovered.
(5) Such penalty shall be, regardless of the outcome of the trial if any, before the Special Court, non-refundable.
(6) The owner of the
vehicle/conveyance shall, after the
release of the vehicle/conveyance,
produce the vehicle/conveyance as and when required by the authorities.
Explanation, In all pending/ongoing cases of confiscation/auction of vehicles, the Collector or the officer authorized by him may give an opportunity to the existing owner to pay the aforesaid penalty and get the vehicle released.
Upon satisfaction about ownership and upon payment of such penalty, the ongoing confiscation/auction proceeding may be dropped and the vehicle released."
Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 24/31 (Emphasis supplied)
18. The bare reading of Section 56(b) of the Act clearly shows that any vehicle or conveyance can be seized and confiscated under the Bihar Prohibition and Excise Act, 2016 only when the vehicle has been used for carrying any intoxicant or liquor. Section 58(3) of the Act provides that during confiscation proceeding, the owner of the vehicle has to be given opportunity of being heard. Section 57 B(1) also provides that any vehicle, or other conveyance used for committing any offence punishable under the Act and seized may be released upon payment of penalty. Rule 12-A(2) of the Bihar Prohibition and Excise Rules, 2021 also provides that while imposing penalty under Section 57-B of the Act, the authority concerned is required to give due regard to the involvement of the vehicle owner.
19. The first and foremost thing, which emerges from the aforesaid discussion of the statutory Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 25/31 provisions, is that no vehicle can be seized or confiscated without its use in commission of any offence under the Bihar Prohibition and Excise Act, 2016. Under Section 30 of the Act, transport of illicit liquor or intoxicant is an offence and in commission of such offence, a vehicle can be used. As such, use of the vehicle in transport of illicit liquor/intoxicant is sine qua non for its seizure and confiscation. It also emerges that just use of the vehicle to carry intoxicant or liquor is also not sufficient for its seizure and confiscation. The involvement or connivance of the owner of the vehicle in such illegal use of the vehicle is also an essential prerequisite for confiscation of the vehicle or imposing any penalty for release of the vehicle. Such view has been consistently expressed by this Court in various judicial pronouncements under writ jurisdiction.
20. It is relevant to point out that in case of direct involvement of the owner of the vehicle in Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 26/31 prohibited use of the vehicle, he is made accused in the criminal case registered by the police. Even in case of his indirect involvement by way of permission for or connivance in use of his vehicle in commission of the offence, he is liable to be accused under Section 47 of the Act. As such, unless the owner of the vehicle is an accused in the case, the court can not hold that the owner of the vehicle is directly or indirectly involved in the prohibited use of the vehicle.
21. It is also pertinent to note that in the light of various pronouncements of this Court, Bihar Government has issued letter dated 07.02.2020 bearing Letter No. 13/HC-06- 55/2020-670. The letter has been written by Additional Chief Secretary, Home Department cum Prohibition, Excise and Registration Department to all District Collectors, Police Officers and Excise Officers. By this letter, the Government has clearly stated in para- 2 of the letter that as per direction of this Court, such Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 27/31 vehicle, from which no liquor has been recovered, will not be confiscated. In para-3 of the letter, the Government has stated that when the vehicle was being driven by the driver in drunken condition but no liquor has been recovered from the vehicle, only the driver would be prosecuted under the Bihar Prohibition and Excise Act, 2016.
22. Coming to the case at hand we find that on 17.04.2021, the motorcycle of the petitioner was stolen and on the same very day, the petitioner has filed a complaint in this regard which was registered as Belhar P.S. Case No. 126 of 2021. On 30.09.2021, the petitioner was informed that his motorcycle has been seized under Bihar Prohibition & Excise Act as 42 litres of illicit liquor was alleged to be carried on his motorcycle. The petitioner thereafter represented before the District Magistrate, Munger who, after considering all the facts and circumstances including the aforesaid documents Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 28/31 submitted by the petitioner, passed the order in Confiscation case No. 217/2023-24 on 23.01.2024 (Annexure-P/5) and directed the respondent authorities to release the motorcycle of the petitioner on payment of penalty of Rs. 2,654 and additional amount of Rs. 80 in accordance with Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021. The petitioner paid the penalty and after the payment of penalty, on 05.02.2024, the Assistant Commissioner, Prohibition, Munger(respondent No. 3) on the same day sent a letter (Annexure-P/7) to the Officer-in-Charge, Gangta Police Station (respondent No. 4) for release of the motorcycle of the petitioner. On 05.02.2024 itself, the petitioner went to the Gangta Police Station with the aforesaid order dated 23.01.2024, along with copy of challan, release paper dated 05.02.2024 (Annexure-P/7), but the Officer-in- charge informed that his motorcycle had already been auctioned and a copy of the order dated 26.05.2023 issued by the Office of Superintendent, Prohibition Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 29/31 confirming the auction was handed over to him.
23. We also find that against the petitioner/owner of the vehicle there is no allegation of his direct or indirect involvement in commission of the alleged offence. That is why he has not been made accused in the criminal case registered by the police.
24. In view of the aforesaid facts and circumstances of the case, we find that the twin prerequisites for seizure and confiscation of a vehicle under the Bihar Prohibition and Excise Act, 2016-use of the vehicle in carrying/transporting the liquor or intoxicant and the consent or connivance of the owner of the vehicle in commission of the offence are not fulfilled. Consequently the vehicle in question is not liable to be seized and confiscated under the Act.
25. Hence, the impugned order is arbitrary and hit by Article 14 of the Constitution. It is also violative of Constitutional right of the petitioner to hold Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 30/31 property as provided in Article 300 A of the Constitution, which prohibits any deprivation of property without authority of law. The Bihar Prohibition and Excise Act in no way authorizes the official to seize or confiscate the motorcycle in the alleged facts and circumstances of the case. Hence, the seizure and confiscation of the motorcycle in question is without any authority of law. The confiscation order, is accordingly liable to be quashed. The petitioner, whose constitutional right to property has been violated, is entitled to adequate compensation. He is also entitled to compensation on account of expenditure and harassment in course of forced litigations.
26. Since the motorcycle of the petitioner has already been auctioned, the District Collector, Munger is directed to pay Rs. 50,000/- (Rupees Fifty Thousands) to the Petitioner towards compensation. The payment of the compensation must be made within ten days of the Patna High Court CWJC No.15319 of 2024 dt.22-11-2024 31/31 receipt of the order.
27. The petition is allowed, accordingly.
(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Shageer/-
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