MD. IRFAN ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Bihar Prohibition and Excise Act, 2016 (the Act for short), has been enacted for complete prohibition of liquor and intoxicants in the territory of the State of Bihar. Chapter-VI of the said Act prescribes penalty for unlawful manufacture, import, export, transport, possession, sale, purchase, and distribution etc. of any intoxicant or liquor. Sec. 56 of the Act delineates the list of such things, which would be liable for confiscation, in case an offence punishable under the Act is committed, which includes any animal, vehicle, vessel or other conveyance used for carrying any intoxicant or liquor. Sec. 58 of the Act confers upon the Collector a jurisdiction to order confiscation of a property, which is liable for confiscation under the Act, which is seized or detained under the provisions of the Act, upon receipt of a report regarding such seizure/detention of such property liable for confiscation. Sub-sec. (3) of Sec. 58 of the Act requires giving the person concerned a reasonable opportunity of being heard before passing an order of confiscation.

(2.) It is indisputable in the instant case that a truck bearing registration No. WB-23D-9255 was seized, carrying huge quantity of illicit liquor, giving rise to registration of a criminal case being Rosera P.S. Case No. 58 of 2018 disclosing commission of an offence punishable under Sec. 30(a) and other allied Ss. of the Act. The petitioner is the registered owner of the said truck and an accused in the said Rosera P.S. Case No. 58 of 2018. Following the requirement under Sec. 58(1) of the Act, a report was sent to the District Collector about the seizure of the vehicle, recommending for its confiscation. The petitioner thereafter approached this Court by filing a writ petition under Article 226 of the Constitution of India, giving rise to C.W.J.C. No. 18542 of 2019, seeking release of the truck. The confiscating authority initiated a confiscation proceeding for confiscation of the vehicle. A show cause notice was given to the petitioner, who appeared before the confiscating authority and filed his response. The confiscating authority ordered for confiscation of the vehicle, upon taking into account the admitted fact that a huge quantity of illicit liquor was found being transported for commercial purpose, in the said vehicle and accordingly ordered for its confiscation, vide an order dtd. 29/8/2020. The petitioner had preferred a statutory appeal before the appellate authority, i.e., the Excise Commissioner, Bihar which came to be dismissed by an order dtd. 30/9/2020. The truck, upon confiscation, has been auction sold in a public auction for a sum of Rs.7,89,000.00, in favour of the respondent No.7.

(3.) In the background of the above noted facts, the petitioner has challenged the order of confiscation dtd. 29/8/2020 passed by the confiscating authority, whereby the petitioner's truck has been ordered to be confiscated and the order dtd. 30/9/2020 passed by the appellate authority dismissing the petitioner's appeal against the order of confiscation. The said order of the appellate authority dtd. 30/9/2020 has been issued by Memo. No. 3390 dtd. 13/10/2020. The petitioner is accordingly seeking a direction for release of the vehicle in his favour after setting aside the aforesaid orders passed by the confiscating authority and the appellate authority.