IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5618 of 2022 ====================================================== Suman Yadav Son of Shyam Sundar Yadav, Resident of Village- Panchbhediya, P.S. - Ramgarhwa, District - East Champaran, Motihari. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Registration, Excise and Prohibition, Department, Government of Bihar, Patna. 2. The Additional Chief Secretary-cum-Revisional Authority, Registration, Excise and Prohibition, Department, Government of Bihar, Patna. 3. The Excise Commissioner-cum-Appellate Authority, Registration, Excise and Prohibition, Department, Government of Bihar, Patna. 4. The District Magistrate-cum-Confiscation Authority, Muzaffarpur. 5. The Superintendent of Police, Muzaffarpur. 6. The Superintendent of Excise Department, Muzaffarpur. 7. The S.H.O. Kanti Police Station, Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11. ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA) Date : 05-03-2025 Heard both the parties. 2. By filing the present writ petition, the petitioner has prayed for the following relief(s): (i) To issue writ/writs, order/orders, direction/directions including a writ in the nature of certiorari for quashing the order dated 08.11.2021 passed in Excise Confiscation Case No. 575/2021-22 by Respondent No. 4 whereby and whereunder Patna High Court CWJC No.5618 of 2022 dt.05-03-2025 2/6 he refused to release seized Scorpio bearing Registration No. BR-05-PB-5471, Chassis No. MA1TA2XM2M2D 38477, Engine No. XMM4D18028, belongs to the petitioner. It is further quashed the order dated 01.02.2022 passed in Appeal Excise Case No. 62/2022 (as contained in Annexure-2) by the respondent Excise commissioner by which the excise confiscation Appeal preferred by the petitioner and the order of Excise confiscation Appeal Case of the aforesaid Scorpio of the petitioner has been dismissed and also affirmed the order of the Respondent District Magistrate and also to quash the revisional order dated 10.03.2022 passed in Excise Revision No. 66/2022 by the Respondent Additional Chief Secretary Bihar, Patna (as contained in Annexure-6) which has been allowed to the Excise Revision petition with condition to be released Scorpio upon payment of 50% of the insurance value of the vehicle as non- refundable penalty. (ii) To issue a writ/writs, order/orders, direction/directions including a writ in the nature of mandamus directing the Respondents to release the seized Scorpio. (iii) For granting any other relief or reliefs for which the petitioner may be found entitled in the facts and circumstances of the case. 3. The petitioner had earlier approached this Court in C.W.J.C No. 13086 of 2021 for release of his vehicle and Coordinate Bench of this Court disposed of the said writ petition vide order dated 27.07.2021 with direction to the authorities to take appropriate action at the earliest and in accordance with law, within the time scheduled fixed, failing which the Patna High Court CWJC No.5618 of 2022 dt.05-03-2025 3/6 vehicle/property/things liable for confiscation shall be deemed to have been released without any further reference to this court. 4. 4. As per the prosecution’s case, there is alleged recovery of 700ml of illicit liquor in water bottle along with Rs.93,860/- cash from the vehicle of petitioner bearing Registration No. BR-05-PB-5471, Chassis No. MA1TA2XM2M2D 38477 and Engine No. XMM4D18028. On basis of the aforesaid facts, FIR was registered on 22.06.2021 bearing Kanti P.S. Case No. 420 of 2021 under Sections 30(a) and 37(c) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’) and the vehicle in question was seized. The confiscation proceeding was initiated under Section 58 of the Act. In confiscation proceeding i.e. Confiscation Case No.575/2021-22, the vehicle in question was confiscated vide order dated 08.11.2021 by S.D.M. Muzaffarpur (west) who was assigned by the District Magistrate, Muzaffarpur to hear the matter. The petitioner against the said order had filed Appeal Excise Case No.62 of 2022 which was dismissed by Excise Commissioner, Patna vide order dated 01.02.2022. The petitioner had also filed Revision Application in Revision Case No.66 of 2022 wherein the Additional Chief Secretary, Bihar had directed for release of vehicle on payment of 50% of the Patna High Court CWJC No.5618 of 2022 dt.05-03-2025 4/6 insured value of vehicle as non-refundable penalty. 5. Learned counsel for petitioner submits that the vehicle in question was only parked nearby the occurrence and there is no involvement of the said vehicle in any kind of illicit liquor trade. It is further submitted that the vehicle in question is lying open in thana premises without any proper maintenance due to which the condition of vehicle in question is deteriorating day by day. Further, with respect to the seizure list which indicates alleged recovery of 700ml of illicit liquor from the aforesaid vehicle, the provision as stipulated under Section 100 of Code of Criminal Procedure, 1973 read with Section 90 of Act have not been complied with, thereby, violating statutory provisions. 6. Per contra, learned counsel appearing for the respondents submitted that the contentions raised by the petitioner are not tenable in light of the orders passed by the respondent authorities. It is, therefore, submitted that the order passed by the confiscating authority, the appellate authority and the revisional authority are on basis of the materials available on record, and hence no interference is needed. Furthermore, it has been submitted that the petitioner was found drunk at the place of occurrence which was verified and authenticated by the Patna High Court CWJC No.5618 of 2022 dt.05-03-2025 5/6 Breath Analyzer test. 7. Having gone through the material available on record, it is crystal clear that there is meager amount of recovery of 700ml of illicit liquor and imposition of aforesaid penalty is totally disproportionate to the offence committed and conscious of this court does not allow to impose harsh penalty for meager amount of recovery of 700ml illicit liquor. Imposition of penalty also does not commensurate with the offence committed regarding recovery of 700ml of illicit liquor. 8. Under the aforementioned circumstances, we are of the opinion that for recovery of a meager quantity of 700ml of illicit liquor, imposition of 50% of the insured value of the vehicle in question as penalty is not justified, as such, it is reduced to a sum of Rs.25,000/- (Rupees Twenty Five Thousand only). On perusal of the records, it appears that petitioner had already deposited the penalty of Rs.3,60,000/- vide Challan No.20 dated 16.01.2023, therefore, the competent authority is directed to return back the surplus amount to the petitioner after deduction of penalty of Rs.25,000/- within a period of four weeks from the date of passing of this order. 9. Keeping in view of the discussions made above, the order dated 10.03.2022 passed in Excise Revision Case Patna High Court CWJC No.5618 of 2022 dt.05-03-2025 6/6 No.66 of 2022 is modified to the above extent. 10. With the above observation/direction, the present petition stands disposed of. ritik/- (Sunil Dutta Mishra, J) I agree P. B. Bajanthri, J (P. B. Bajanthri, J) AFR/NAFR NAFR CAV DATE 17.02.2025 Uploading Date 05.03.2025 Transmission Date NA