Patna High Court
Suman Kumar Singh vs The State Of Bihar on 1 April, 2022
Author: S. Kumar
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.355 of 2022
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Suman Kumar Singh Son of Ashok Kumar Singh Resident of Village- Pratap
Pur, P.S.- Sandesh, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Bihar, Patna cum
Adhikchhak Madhnished (Mukhyalay), Bihar, Patna.
2. The Commissioner, Excise, Bihar, Patna.
3. The Excise Officer, Bihar Prohibition and Excise Department, Buxar.
4. The District Magistrate, Buxar.
5. The Superintendent of Police, Buxar.
6. The Officer in Charge, of Veer Kuar Singh, Excise Check Post at Buxar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dheeraj Kumar, Adv
For the Respondent/s : Mr.Kumar Manish ( SC5 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 01-04-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) To issue a writ in the nature of Certiorari for quashing the order dated 19.01.2021 passed by the Excise Commissioner, Bihar, Patna in Excise Appeal No. 205 of 2020.
(ii) To issue a writ in the nature of Certiorari for quashing the order dated 25.09.2020 passed by the Collector, Buxar in Confiscation Case No. 08 of 2020 arising out of Excise Case No. 237(O)/19 under sections 30(a), 37(c), 37(2) of the Bihar Excise and Prohibition (Amendment) Act, 2018 whereby and whereunder he has confiscated the white colour Scorpio vide Reg. No. BR-01PK-6677 under the purported exercise of powers conferred under Section 58(5) of the New Excise Act, 2016 and directed for public auction in the public interest anda further stay the operation of the auction Patna High Court CWJC No.355 of 2022 dt.01-04-2022 2/4 proceeding issued by the Office of District magistrate, Buxar and release the same in favour of the petitioner."
Petitioner has approached this Court without availing the statutory remedy of revision against the impugned order, as such, liberty is granted to petitioner to file revision against the impugned order before the Revisional Authority and if any such revision is filed within 4 weeks, then revisional authority shall condone the delay in filing the revision as the matter remain pending before this Court and shall decide the revision petition on its own merit preferably within 8 weeks from the date of its filing. With aforesaid liberty, the writ petition is disposed of.
OR It is submitted by learned 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.
Patna High Court CWJC No.355 of 2022 dt.01-04-2022 3/4 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 penalty shall be 50% of the latest insured value of vehicle/conveyance. 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 and 50% of that value shall be the amount of penalty.
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, 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, Patna High Court CWJC No.355 of 2022 dt.01-04-2022 4/4 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.]"
In said view of the matter, the writ petition is disposed of with liberty to petitioner to avail the remedy of the amended provision 12(A) of the Bihar Prohibition & Excise (Amendment) Rules, 2022. It is made clear that this Court has not expressed any opinion with respect to merit of case.
Equally, liberty reserved to petitioner to approach this Court for same and subsequent cause of action, if so arises.
(Sanjay Karol, CJ) (S. Kumar, J) ranjan/-
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