Patna High Court
Kalam @ Kalam AnsariversusThe State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The court upheld the penalty order but directed the release of the truck on payment of the penalty in twelve monthly installments, subject to required documentation and bond.
Summary
The petitioner, Kalam Ansari, challenged the order of the Additional Collector‑cum‑Additional District Magistrate that imposed a penalty of Rs.4,95,430 and seized his truck after the digital lock installed by the Excise Department was tampered with. He sought a writ of certiorari to quash the order, a writ of mandamus to release the truck, and compensation, but later indicated he would be satisfied if the vehicle were released upon payment of the penalty in easy installments. The Excise Department argued that no provision allowed installment payment for penalty discharge. The court noted that the seizure was solely on the ground of tampering with the digital lock, with no liquor loading or unloading occurring, and that requiring full payment at once would be harsh given the petitioner’s financial constraints. In the interest of justice, the court directed the authorities to release the truck on payment of the penalty in twelve monthly installments, subject to furnishing ownership documents and an indemnity bond, and disposed of the petition with this direction.
Issues considered
- Whether the order imposing penalty and seizure of the truck can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued directing the release of the seized vehicle.
- Whether the Excise authorities are bound to allow payment of the penalty in installments for release of the vehicle.
- Whether the petitioner is entitled to compensation for the seizure.
Subjects
- Excise law
- Vehicle seizure
- Digital lock tampering
- Penalty installment payment
- Writ of certiorari
- Writ of mandamus
- Compensation
- Motor vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1498 of 2025
Arising Out of PS. Case No.-1777 Year-2023 Thana- Excise P.S. District- Muzaffarpur
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Kalam @ Kalam Ansari S/o Jahrli Ansari R/o Village- Nawada, P.S.-
Bishungarh, District- Hazaribagh, State- Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Bihar
2. The Principal Secretary, Deptt. of Prohibition, Excise and Registration,
Govt. of Bihar, Patna Bihar
3. The District Magistrate, Muzaffarpur Bihar
4. The Additional Collector-cum-Addl. Distt. Magistrate, Muzaffarfpur Bihar
5. The Superintendent of Police, Muzaffarpur Bihar
6. The Excise Superintendent of Police, Muzaffarpur Bihar
7. The Officer-incharge, Excise Police Station, Muzaffarpur Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Madhaw Prasad Yadav, G.P.23
Ms. Meera Singh, AC to GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 08-01-2026 Heard the learned counsel for the petitioner as well as
learned counsel appearing on behalf of the respondents.
2. The petitioner has filed the instant petition seeking
following relief(s):
“i. For issuance of a writ in the nature of
Certiorari to quash the order dated 21.08.2024
passed by the Additional Collector-cum-
Additional District Magistrate, Muzaffarpur in
Confiscation Case No. 181/2023-24 arising out
of Excise P.S. Case No. 1777/2023, whereby a
penalty of Rs. 4,81,000/-(Rupees Four Lakhs
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Eighty-One Thousand) including maintenance
cost of 3% i.e. Rs. 14,430/-, totaling Rs.
4,95,430/- (Rupees Four Lakhs Ninety-Five
Thousand Four Hundred Thirty), was imposed
treating the value of the truck as Rs.
13,00,000/-(Rupees Thirteen Lakhs).
ii. For issuance of a writ in the nature of
Mandamus commanding the respondent
authorities to release the Truck bearing
Registration No. JH 10 CR-7110.
iii. For issuance of a direction to the
respondent authorities to award compensation
to the petitioner as quantified by this Hon'ble
Court.
iv. For issuance of such other appropriate
writ(s), order(s), or direction(s) as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case.”
3. Learned counsel for the petitioner, at the outset,
submits that the petitioner does not want to press the relief(s)
and would be satisfied if his Truck bearing Registration No. JH-
10 CR-7110 is released by the authority concerned on payment
of the penalty amount in easy installments.
4. Learned counsel appearing on behalf of Excise
Department submits that there is no provision for paying the
penalty amount in installments to get the vehicle released.
5. From facts of the case, it appears that the Truck of
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the petitioner loaded with India made foreign liquor was plying
from Maharashtra to Sikkim and on entering the border of
Bihar, a digital lock was put on it. However, it is further case of
the petitioner that the driver tampered with the digital lock and
loaded some tower fan on it and subsequently some fans were
unloaded and some remained on Truck. It is further case of the
petitioner that no liquor was loaded or unloaded during the
plying of the vehicle within the State of Bihar. However, his
Truck was seized due to breaking of digital lock put by the
authority by the driver and only for this offence, the Truck in
question was seized and penalty of Rs. 4,95,430/- (four lac
ninety five thousand four hundred thirty) has been imposed.
6. Learned counsel appearing on behalf of Department
of Excise does not contradict the claim of the petitioner about
consignment of liquor remained untouched and there was no
loading or unloading of the consignment of liquor from the
Truck even after the digital lock was tampered.
7. Since the Truck of the petitioner has been seized
with only allegation that its digital lock was tampered by the
driver and penalty of Rs. 4,95,430/- has been imposed, it would
be very harsh for the petitioner to pay the penalty amount in one
go since it has been submitted by the learned counsel for the
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petitioner that the Truck was taken on loan and the petitioner is
paying its installments.
8. Therefore, in the interest of justice, I deem it fit and
proper that the authority concerned be directed to release the
Truck of the petitioner bearing Registration No. JH-10 CR-7110
on payment of penalty amount of Rs. 4,95,430/- in 12 monthly
installments. The Truck in question would be released after
payment of first installment of Rs. 55,430/- before the authority
concerned/Respondent no. 6, the Excise Superintendent of
Police, Muzaffarpur, and rest penalty amount of Rs. 4,40,000/-
would be paid in 11 equal monthly installments. At the same
time, the petitioner shall furnish all the necessary
papers/documents of ownership and security bond/indemnity
bond (not bank guarantee) equal to Insured Declared Value
(IDV) of the vehicle in question as on date to the satisfaction of
the concerned/competent authority.
9. Accordingly, the present petition stands disposed of
with the aforesaid direction.
(Arun Kumar Jha, J)
Ashish/-
U
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