Writ petition challenging a Rs.5,00,000 penalty imposed by the District Legal Section authority for release of a vehicle seized with foreign liquor under the Bihar Prohibition and Excise Act. The High Court held the penalty could not exceed 10% of insured value, quashed the order and reduced the fine to Rs.1,00,000 for release of the vehicle.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6804 of 2024
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Nitish Kumar Son of Uchit Verma Resident of Jay Nagar, Pahari, Ward No. 33, P.S. and District - Lakhisarai.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rabi Bhushan, Advocate For the Respondent/s : Mr. Mujfabaul Haque, G.P. 12 Mr. Manish Kumar, AC to G.P.12
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY CAV JUDGMENT (Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY)
Date : 14-05-2024
This writ petition has been filed by the petitioner against memo no. 218 order dated 15.02.2024 passed by the Senior Deputy Collector I/C District Legal Section, Lakhisarai in Excise P.S. Lakhisarai Case No. 716C2 of 2023.
has prayed for the following relief(s):-
(i). To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI quashing
Patna High Court CWJC No.6804 of 2024 dt.14-05-2024
2/5
the order as contained in memo No.218 dated 15.02.2024 passed by the competent authority under the Bihar Prohibition and Excise Amendment Act 2022 whereby and whereunder he has passed the order to relase the petitioner's vehicle Mahindra Pickup bearing Registration No. BR-01G-8661 seized in connection with Excise P.S. Lakhisarai Case No. 716C2 dated 19.08.2023 subject to payment of Rs.5,00,000/- upon penalty imposed interms of provision under Bihar Prohibition and Excise act 2022.
(ii) To direct the concern respondent to release the petitioners vehicle bearing Mahindra Pickup Reg. No. BR-01GL-8661 on the payment of 10% of the insured value of vehicle in terms of Bihar Prohibition and Excise Act as Amended 2022 taking into account that the vehicle in questioni has been seized in connection with Excise P.S. Lakhisarai Case No.716 C-2 and lying open in the sky subject to speedy decay.
(iii) To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case.
Patna High Court CWJC No.6804 of 2024 dt.14-05-2024 3/5
Amendment Act, 2018 and 2022.
Patna High Court CWJC No.6804 of 2024 dt.14-05-2024 4/5
as mentioned in Annexure R-3 to the counter affidavit, it is the discretionary power of the Collector or the Officer authorized by him, to impose a penalty which should not be less than 10% of insured value of the vehicles and should not be more than 5 lakhs and the penalty imposed by the Senior Deputy Collector I/C District Legal Section, Lakhisarai upon the petitioner is justified in view of the huge quantity of liquor seized and legal and hence, no interference is required.
Patna High Court CWJC No.6804 of 2024 dt.14-05-2024 5/5
on deposit of Rs. 1,00,000/- (one lakh) motor vehicle be released. Certified copy of this judgment shall be produced within two weeks before the Senior Deputy Collector I/C District Legal Section, Lakhisarai and within two weeks from then if the modified fine as provided herein is deposited, the vehicle shall be released. If the fine is not remitted, Senior Deputy Collector I/C District Legal Section, Lakhisarai shall continue with the confiscation proceedings and consequential proceedings.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
Amitkumar/ Alok-
| AFR/NAFR | AFR |
|---|---|
| CAV DATE | 07.05.2024 |
| Uploading Date | 14.05.2024 |
| Transmission Date | N/A |
2 issues framed by the court
Whether the penalty of Rs.5,00,000/- imposed for release of a seized vehicle exceeded the statutory cap under Rule 12(A) of the Bihar Prohibition and Excise Act, 2021?
What penalty is payable for release of a vehicle seized with illicit liquor?
2 provisions across 2 enactments
Nitish Kumar
The State of Bihar through the Principal Secretary, Registration Excise and Prohibition, Bihar, Patna
The Excise Commissioner, Bihar, Patna
The District Magistrate-cum-Collector, Lakhisarai
The Superintendent of Police, Lakhisarai
The Senior Deputy Collector I/C District Legal Section, Lakhisarai
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
