Indradev Sharma vs The State Of Bihar on 24 January, 2025

Patna High Court

Indradev Sharma vs The State Of Bihar on 24 January, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Sunil Dutta Mishra

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.15887 of 2024
     ======================================================
     Indradev Sharma, S/o Rajendra Sharma, Resident of Village-Kahara Patuaha,
     P.S.-Saharsa District- Saharsa.
                                                               ... ... Petitioner
                                       Versus

1.   The State of Bihar through Principal Secretary, Department of Excise,
     Goverment of Bihar, Patna.
2.   The Commissioner, Department of Excise, Goverment of Bihar, Patna.
3.   The District Magistrate, Saharsa.
4.   The Superintendent of Police Saharsa.
5.   The Station House Officer, Saharsa Sadar, District-Saharsa.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Suraj Kumar, Advocate
                                   Mr. Pramod Mishra, Advocate
     For the Respondent/s   :      Mr. Vinay Kirti Singh, Sr. Advocate
                                   Mr. Ranjan Prakash, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 24-01-2025

In the instant petition, the petitioner has prayed for

the following relief(s):-

“1. That this instant writ application
has been filed on behalf of the petitioner named
above to seeks indulgence of this Hon’ble Court to
issue a writ preferably in the nature of certiorari
setting aside the order dated 04.09.2023 passed in
Excise Appeal Case No. 108/2023 passed by
Department of Excise, Government of Bihar,
Patna, whereby and where under the learned court
Patna High Court CWJC No.15887 of 2024 dt.24-01-2025
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of Excise Commissioner has affirmed the order
dated 31.12.2022 passed by the learned Court of
Collector Cum District Magistrate, Saharsa, in
confiscation (Excise) Case No. 963/2022-23 by the
prayer for release of the house of the petitioner
which was seized by the police in connection with
Saharsa P.S. Case No. 490/2022 registered under
section 30(a), 41 of Bihar Prohibition and Excise
Act has been rejected as also directing the
Respondents Concerned to release the house of the
petitioner which has been seized by the
Respondents concerned after alleged recovery of
409.32 Liters of foreign liquor. And/Or pass such
other order/order as your lordship may deem fit
and proper in the facts and circumstance of the
case.”

2. Petitioner’s premises situated in Ward no.2, P.S.

& District – Saharsa is involved for the offences under the Bihar

Prohibition and Excise Act, 2016 for which F.I.R. was registered

and seizure memo has been prepared. Thereafter, seizure

authority has sent a report to the concerned District Collector for

taking further action insofar as initiating confiscation

proceedings and it has attained finality on 31.12.2022 and it is

against the petitioner. Petitioner has invoked remedy of appeal

before the Appellate authority under Section 92 of the Bihar

Prohibition and Excise Act, 2016 and in appeal order of the
Patna High Court CWJC No.15887 of 2024 dt.24-01-2025
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confiscation dated 31.12.2022 has been confirmed, hence the

present Writ petition.

3. Learned counsel for the petitioner submitted that

under the Excise statue, there is a provision for imposing of

penalty in terms of monetary and the same has not been invoked

by the respective authorities. On the other hand, they have

confiscated the aforementioned premises of the petitioner

resulted in hardship and it is in violation of Article 21 of the

Constitution insofar as livelihood is concerned. Matter relates to

remand to the concerned authority, however, having regard to

the fact that subject matter of premises has been seized for more

than two years and few months and it is not appropriate for this

Court to remand the matter to the concerned authority to modify

the confiscation order to the extent of imposition of certain

penalty in terms of monetary.

4. Having regard to the geographical area in which

the premises is situated and its dimension read with valuation,

we are of the view that instead of confiscating the subject matter

of premises, the concerned authority may recover a sum of Rs.

2,00,000/- (Rs. Two Lakhs) towards penalty. Accordingly, the

orders of the authorities stands modified from confiscation of

subject matter of premises to that of imposition of penalty of Rs.

Patna High Court CWJC No.15887 of 2024 dt.24-01-2025
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Two Lakh.

5. Petitioner is hereby directed to furnish a demand

draft in favour of the concerned Government treasury. After

depositing Rs. Two Lakh in the concerned Government treasury,

he is hereby directed to approach the concerned authority for the

purpose of releasing the subject matter of premises. Petitioner

is permitted to undertake the above exercise within a period of

one month from today. The concerned authority is hereby

directed to release the subject matter of premises within a one

week from the date of deposit of Rs. 2,00,000/- (Rs. Two Lakhs)

towards penalty.

6. With the above observation, the present C.W.J.C.

No. 15887 of 2024 stands disposed of.

(P. B. Bajanthri, J)

( Sunil Dutta Mishra, J)
manish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.01.2025
Transmission Date       NA