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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

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
                                           2/3




          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
                                                     3/3




                                  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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