Vehicle seized with illicit liquor was confiscated and auctioned; petitioner sought return or sale proceeds after paying 50% insured value under Rule 12A. Court declined return but directed refund of the Rs.45,000 deposited with 5% interest within one month.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2324 of 2023
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Bipul Ghosh, S/o Bhawani Ghosh, R/o Villa. - Indrapalli, Kadam Talla, Shiv Mandir, P.S. - Nazalbari, District- Darjeeling (West Bengal).
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-05-2023
his vehicle and auction sale.
Patna High Court CWJC No.2324 of 2023 dt.18-05-2023 2/4
The confiscation order was passed on 16.01.2021 in Confiscation Case No. 466 of 2020. An appeal was filed in which there was a remand ordered on 11.03.2022 in Excise Appeal Case No. 113 of 2022 and an application was filed by the petitioner under Rule 12A of the Bihar Prohibition and Excise Rules (hereinafter referred to as “Rules”). On 19.10.2022, Annexure-3 order was passed asking the petitioner to remit Rs. 45,000/-, being 50 percent of the insured value. The petitioner remitted it, as is evident from Annexure-3 but the vehicle was not handed over. Later it has come in a notice of the authority that the vehicle was auctioned on 17.08.2021.
Patna High Court CWJC No.2324 of 2023 dt.18-05-2023 3/4
17.08.2021, that too about 7 months after the order of confiscation. The petitioner has not participated in the confiscation case despite notices issued to him by newspaper publication.
Patna High Court CWJC No.2324 of 2023 dt.18-05-2023 4/4
vehicle is still in the possession of the seizing authority, before such order was passed. The petitioner also has paid Rs. 45,000/as on 19.10.2022. In such circumstances, we direct that the amount of Rs. 45,000/- remitted by the petitioner, shall be returned with 5 percent interest starting from 19.10.2022 to the date of payment, at any rate within a period of 1 month from the date of this judgment. There is no reason to return the vehicle to the petitioner or even the sale proceeds since admittedly it was seized with a large quantity of contraband, intended presumably for sale within the State, where there is prohibition in force. Confiscation is a consequence of the Act, for its contravention and the petitioner having not alertly agitated his cause, there is no question of reversing such consequence and the resultant sale.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
| shashank/- | |
|---|---|
| AFR/NAFR | NAFR |
| CAV DATE | NA |
| Uploading Date | 19.05.2023 |
| Transmission Date | NA |
2 provisions across 2 enactments
Bipul Ghosh
The State of Bihar through the Principal Secretary, Department of Excise and Registration
The Chief Secretary, Govt. of Bihar, Excise and Registration Department
The Excise Commissioner, Excise, Patna
The District Magistrate Araria
The SHO, Bairgachi Police Station, Araria
K. Vinod Chandran
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
