Patna High Court
Sanjeev VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the Collector must conclude the excise confiscation case within four weeks, and failing that, the shop must be de‑sealed and possession returned to the petitioner.
Summary
The petitioner, Sanjeev Verma, filed a writ petition seeking de‑sealing and release of a shop that had been sealed by the Saharsa Excise/Prohibition Police after 40.02 litres of liquor were recovered from his tenant. The seizure was based on Excise Case No. 221 of 2024 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, and a confiscation case (Excise Confiscation Case No. 192 of 2024) was initiated. Although a show‑cause notice was issued on 5 September 2024 and the petitioner replied on 30 September 2024, the statutory 90‑day period under Rule 13(b) of the Bihar Prohibition and Excise (Amendment) Rules, 2022, elapsed without a final order. The State argued that the proceedings would be completed within four weeks, but the Court directed the Collector, Saharsa, to either conclude the confiscation case within four weeks or de‑seal the shop and restore possession to the petitioner. Accordingly, the petition was disposed with the said directions.
Issues considered
- Whether the shop sealed under the Bihar Prohibition and Excise Act must be de‑sealed when the statutory period for concluding confiscation proceedings has expired.
- Whether the Collector can be directed by the Court to conclude the confiscation case within a specified time.
- Whether the petitioner’s right to possession as the owner/lessor is enforceable despite the pending confiscation case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- de‑sealing
- excise confiscation
- Bihar Prohibition and Excise Act
- show‑cause notice
- administrative law
- writ petition
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16969 of 2025
======================================================
Sanjeev Verma (M), S/O Late Ashok Kumar Verma R/O Sant Nagar, Ward
No. 35/19, South to Hanuman Temple, PS and Distt. Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Excise Department,
Government of Bihar, Patna
2. The District Magistrate-cum-Collector, Saharsa
3. The Superintendent of Police, Saharsa
4. The Assistant Commissioner, Excise, Saharsa
5. The Officer-in-Charge, Excise Police Station, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gulnaz Yasmin, Advocate
For the Stae : Mr. Madhav Pd. Yadav, GP 23
Ms. Meera Singh, AC to GP 23
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 12-01-2026 The present writ petition has been filed for de-sealing
and releasing of one room shop of the petitioner with its entire
furniture and fittings located at outer courtyard of his residential
house situated at Ward No. 35/19, Sant Nagar, South to
Hanuman Temple, Gangjala (under Municipal Corporation)
Saharsa which has been sealed on 19.05.2024 by the Saharsa
Excise/Prohibition Police on account of recovery of 40.02 liters
of Indian made foreign liquor from the possession of the tenant
of the petitioner who was, at that moment of time, in occupation
Patna High Court CWJC No.16969 of 2025(2) dt.12-01-2026
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of the shop in question.
2. The learned counsel for the petitioner submits that
though pursuant to lodging of Saharsa Excise Case No. 221 of
2024 under Section 30 (a) of the Bihar Prohibition and Excise
Act, 2016 on 19.05.2024 against the tenant, namely, Deepak
Kumar Singh, a confiscation case bearing Excise Confiscation
Case No. 192 of 2024 has been initiated and a show cause
notice dated 05.09.2024 has been issued to the petitioner,
whereupon the petitioner has also filed his show cause reply on
30.09.2024, however despite lapse of statutory period of 90
days, as provided under Rule 13 (b) of the Bihar Prohibition and
Excise (Amendment) Rules, 2022, the confiscation proceedings
have not been concluded, hence the shop of the petitioner is
required to be de-sealed although it is another aspect that the
petitioner had let-out the shop in question to his tenant, namely,
Deepak Kumar Singh vide rent agreement dated 15.04.2024 i.e.
prior to lodging of the FIR in question.
3. The learned counsel for the respondent-State submits
that the confiscation proceedings would definitely be concluded
within a period of four weeks from today, failing which this
Court may impose such conditions as is deemed fit and proper
in case of default on the part of the Collector, Saharsa.
Patna High Court CWJC No.16969 of 2025(2) dt.12-01-2026
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4. Having regard to the facts and circumstances, we
deem it fit and proper to direct the Collector, Saharsa to
conclude the aforesaid Excise Confiscation Case No. 192 of
2024 by passing the final order in accordance with law within a
period of four weeks from today, failing which it would be
incumbent upon the Collector, Saharsa to de-seal the shop in
question and handover the possession of the same to the
petitioner.
5. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Praveen Kumar, J)
GAURAV S./-
U
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