IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4155 of 2025 ====================================================== Uday Kumar Singh, S/o Jaishankar Singh, Resident of Village- Mangwar, Ward No. 02, P.S.- Basanahi, District- Saharsa. ... ... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna. 2. The District Magistrate-cum-Collector, Saharsa. 3. The Superintendent of Police, Saharsa. 4. The Officer in-charge of Basanahi Police Station, District Saharsa. 5. The Investigation Officer of Basnahi, P.S. Case No.- 37/24 (present and then) District- Saharsa. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr.Md. Jubair Ansari, Advocate For the Respondent/s : Mr.Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 21-04-2025 In the instant petition, petitioner has prayed for the following reliefs:- “(i) For issuance of a writ in the nature of mandamus or any other appropriate writ(s), order(s), direction(s) commanding the respondents particularly District Magistrate-cum-District Collector, Saharsa to release the seized vehicle of the petitioner details given below:- a. Reg. No.-BR-01PN-2435 b. Chasis No.- MA3CNC32SNB284756 c. Engine No.- K15BN9246140 d. Vehicle Class – Motor Car e. Model Name -Maruti XL6 Smart Hybrid Alpha f. Colour – Pearl Arctic White Patna High Court CWJC No.4155 of 2025 dt.21-04-2025 2/3 g. Body Type – Rigid (Passenger Car) h. Mfd.- February, 2022 Against which Confiscation Case No.-21/2024 was instituted. (ii) For quashment of notice issued in Confiscation Case No.-121/2024 by District Collector, Saharsa vide Memo No.-3047 dated 31.12.2024. (iii) For quashment of order dated 23.09.2024 passed by District Magistrate – cum- District Collector, Saharsa. (iv) For issuance of any other writ(s), order(s) direction(s) which your lordship may deem fit and proper in the fats and circumstances of the case.” 2. Respondents have seized 1.5 litres of liquor from the subject matter of vehicle for the offences under Bihar Prohibition and Excise Act. The vehicle was subjected to confiscation proceedings and it has attained finality. The District Collector, Saharsa has quantified value of the vehicle at Rs. 8,43,000/- and demanded 10% of the Insurance value. Taking note of the alleged offence to the extent that seizure of liquor is 1.5 liters for which 10% of Rs. 8,43,000/- (Rs. Eight Lakhs Forty Three Thousand) would be too harsh. 3. No doubt, petitioner has not exhausted the statutory remedy of Appeal before the Appellate Authority. He need not be relegated to Appellate Authority and Revisional Authority and once again to this Court for such a trivial offence Patna High Court CWJC No.4155 of 2025 dt.21-04-2025 3/3 of seizure of 1.5 liters of liquor. Therefore, we invoke extraordinary jurisdiction under Article 226 and proceed to modify the District Magistrate-cum-District Collector, Saharsa order dated 23.09.2024 passed in Confiscation Case No. 121 of 2024 to the extent of imposition of fine of Rs. 10,000/- (Rs. Ten Thousand). If petitioner remits a sum of Rs. 10,000/- (Rs. Ten Thousand) in the concerned treasury and to that extent document is produced before the concerned Authority, the concerned Authority is hereby directed to release the subject matter of vehicle in favour of the petitioner. 4. With the above observation, the Writ petition stands disposed of. manish/- (P. B. Bajanthri, J) ( S. B. Pd. Singh, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 26.04.2025 Transmission Date NA