Patna High Court
Karu Singh @ Shayam Sundra Sharma vs The State Of Bihar on 18 December, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3821 of 2023
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Karu Singh @ Shayam Sundra Sharma Son of Naresh Singh @ Naresh
Sharma, Resident of Village- Chhotki Dhawa, P.S.- Ekangarsarai, District-
Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, Excise Department, Government of Bihar, Patna.
4. The Director General of Police, Bihar, Patna.
5. The Excise Commissioner, Bihar, Patna.
6. The Inspector General of Police, Bihar, Patna.
7. The District Magistrate-cum-Collector, Nalanda.
8. The Additional District-cum-Collector, Nalanda.
9. The Superintendent of Police, Nalanda.
10. The Sub-Divisional Officer, Nalanda.
11. The S.H.O., Ekangarsarai Police Station, Nalanda.
12. The Investigating Officer, Ekangarsarai P.S. case No. 54/2020, Ekangarsarai
Police Station, Nalanda.
13. Abhinav Mrinal Son of Awdhesh Kumar Singh, Resident of Village- Nagar
Hilsa, P.S.- Hilsa, District- Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ansul, Advocate
Mr. Sakshi Bhatnagar, Advocate
Mr. Shyam Kishore, Advocate
Mr. Aditya Pandey, Advocate
Ms. Eashita Raj, Advocate
For the Respondent/s : Mr. Vivek Prasad, GP 7
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 18-12-2024
Patna High Court CWJC No.3821 of 2023 dt.18-12-2024
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In the instant writ petition, petitioners have prayed for
the following reliefs:
"A. A writ in the nature of
CERTIORARI or any other appropriate writ/s,
order/s, direction/s quashing the following:
i. The order dated 14.10.2022 vide
Memo No. Excise Rev. Case No. 199/2022-246
passed in Excise Revision No. 199/2022 whereby
and where under the Additional Chief Secretary,
Bihar, Patna (Respondent No. 2) uphold the
order dated 11.01.2022 passed by the Learned
Excise Commissioner, Bihar Patna in Excise
Appeal No. 881/2021 in which the learned
Commissioner has confirmed the order dated
01.10.2021
passed by the Learned Additional
Collector – cum- Additional District Magistrate,
Nalanda in Excise Confiscation Case No.
65/2021 (in connection with Ekangarsarai P.S.
Case No. 54 of 2020) and direction the learned
Additional Collector – cum- Additional District
Magistrate, Nalanda to proceed with auction in
the confiscation proceeding as per the Act.
(Annexure – 7)
ii. The order dated 13.03.2021 passed
by the learned Additional District Magistrate –
cum – Additional District Collector, Nalanda
(Respondent No. 8) in Confiscation (Excise)
Case No. 65 of 2021 (Annexure – 3) whereby and
where under he has directed to the
Superintendent Excise Prohibition, Nalanda, to
take valuation report of Scorpio Vehicle bearing
registration no. BR01PK – 7002, which was
seized in connection with Ekangarsarai P.S.
Case No. 54/2020 registered for the offence
under Section 30 (a) of Bihar Prohibition and
Excise Act 2018, from the Motor Vehicle
Inspector, Nalanda and sale the vehicle in open
market and deposit the collected money into the
government treasury.
Patna High Court CWJC No.3821 of 2023 dt.18-12-2024
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iii. The order dated 11.01.2022 passed
by the Commissioner, Excise, Bihar, Patna
(Respondent No. 4) in Excise Appeal case No.
881 of 2021 (Annexure – 5) whereby and where
under he has upheld the order dated 13.03.2021
passed by the learned Additional District
Magistrate – Cum – Additional District
Collector, Nalanda (Respondent No. 8).
iv. The auction order (Parwana) dated
13.05.2021 passed by the S.D.O, Hilsa
(Nalanda) by which the vehicle of the Petitioner
auctioned in the favour of one Abhinav Mrinal.
B. A writ in the nature of
MANDAMUS or any other appropriate writ/s,
order/s directing the Respondent Authorities the
following :
I. To release the Scorpio Vehicle
bearing Reg. No. BR01PK 7002 which was
seized in connection with Ekangarsarai P.S.
Case No. 54/2020 registered for offence under
section 30 (a) of the Bihar Prohibition & Excise
Act, 2018.
ii. To hold that the orders / actions
(Annexures – 3, 5 & 7) of the Respondent
Authorities are not tenable in the eye of law and
violative to Article 300A of the Constitution of
India.
iii. To hold the orders / actions
(Annexure – 3, 5 & 7) of the Respondent
Authorities amounts to double jeopardy.
iv. To hold that the orders dated
13.03.2021, 11.01.2022 and 14.10.2022 passed
by the Respondent Nos. 8, 5 and 2 respectively
are null and void.”
2. The petitioner’s vehicle bearing Registration No.
BR01PK 7002 was alleged to have been involved for the offence
under the Excise Act. In this regard, Ekangarsarai P.S. Case No. 54
of 2020 was registered on 02.03.2020. After more than one year,
Patna High Court CWJC No.3821 of 2023 dt.18-12-2024
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thereafter, subject matter of vehicle was proceeded to auction on
13.05.2021. Resultantly, third party auction purchaser right has
been created. Be that as it may, petitioner has preferred appeal
before the appellate authority in questioning the validity of the
confiscation order dated 13.03.2021 and it was dismissed on
11.01.2022. Thereafter, petitioner approached this Court in filing
CWJC No. 5367 of 2022 and it was disposed of on 10.05.2022
while giving opportunity to the petitioner to invoke remedy of
filing revision before the Revisional Authority under Section 93 of
the Bihar Prohibition and Excise Act, 2016. The petitioner has
exhausted the revision petition and suffered an order on
14.10.2022. Hence, the present writ petition.
3. Learned counsel for the petitioner vehemently
contended that subject matter of vehicle has not been seized
arising out of any Excise offence, for the reasons that no liquor has
been seized other than the subject matter of vehicle and it is not
disputed by the learned counsel appearing on behalf of the
respondents. It is also submitted that from the seizure memo, it is
crystal clear that there is no iota of material evidence established
that they have seized liquor along with subject matter of vehicle.
Patna High Court CWJC No.3821 of 2023 dt.18-12-2024
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4. Learned counsel for the respondents could not
overcome the seizure memo and factual aspects of the matter so as
to contend that subject matter of vehicle was involved in recovery
of liquor. In the light of these facts and circumstances, petitioner
has made out a case so as to interfere with the impugned orders
dated 14.10.2022, 13.03.2021, 11.01.2022 and 13.05.2021, they
are set aside.
5. The petitioner is entitled to have the benefit of
compensation insofar as recovery of the subject matter of vehicle
and its auction read with the third party right created. The
respondents have not taken specific contention as on the date of
seizure of the vehicle, petitioner’s vehicle was insured or not? Be
that as it may, perusal of the later insurance policy the vehicle has
been valued by the Insurance Company at the time of renewal of
insurance policy during the period from 23.11.2020 to 22.11.2021
at Rs. 9,00,000/- (Rupees Nine Lakhs). Therefore, the concerned
respondents are hereby directed to pay a sum of Rs. 9,00,000/-
(Rupees Nine Lakhs) to the petitioner irrespective of the auction
amount realized by the respondents. The respondents have also not
highlighted in what manner the auction proceedings have been
undertaken insofar as evaluating the value of subject matter of
vehicle and without verifying the insurance policy read with the
Patna High Court CWJC No.3821 of 2023 dt.18-12-2024
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vehicle condition and other details. In other words, randomly they
have determined particular value of the vehicle and proceed to
auction the subject matter of vehicle.
6. From the inception proceedings insofar as seizure of
the subject matter of vehicle is with highhandedness for the
reasons that in the absence of seizure of any liquor the subject
matter of vehicle has been seized for the offence under the Excise
Act. The petitioner has been harassed for almost two years and few
months in view of the fact that Ekangarsarai P.S. Case No. 54 of
2020 case was registered on 02.03.2020 and revision petition was
decided on 14.10.2022. That apart, petitioner was compelled to
approach this Court on two occasions in filing CWJC No. 5367 of
2022 and the present CWJC No. 3821 of 2023. Resultantly,
petitioner is entitled to litigation cost and it is quantified at Rs.
25,000/- (Rupees Twenty Five Thousands) along with 9,00,000/-
(Rupees Nine Lakhs) towards value of the vehicle shall be paid to
the petitioner by the concerned respondent within a period of two
months from the date of receipt of copy of this order.
7. Further, State exchequer has been put into financial
loss on account of certain misdeeds committed by the erring
officials insofar as recovery of the subject matter of vehicle read
with so many proceedings like confiscation, auction, appeal
Patna High Court CWJC No.3821 of 2023 dt.18-12-2024
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proceedings, writ petition proceedings and revisional proceedings
and further, the present CWJC No. 3821 of 2023. At every stage,
the State has been put into financial loss and it is to be recovered
from the erring officials. In this regard, the disciplinary authority is
hereby directed to initiate disciplinary proceedings under the
relevant CCA Rules and conclude the disciplinary proceedings
within a period of one year from the date of receipt of copy of this
order. Final decision to be passed in the disciplinary proceedings
against such of those erring officials shall be placed on record after
one year. Registry shall record the same as and when such material
is placed by the respondents.
8. Accordingly, present CWJC No. 3821 of 2023 is
allowed.
(P. B. Bajanthri, J)
(Ramesh Chand Malviya, J)
GAURAV S./-
AFR/NAFR NAFR CAV DATE NA Uploading Date 21.12.2024 Transmission Date NA