Patna High Court
ChandrashekharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The confiscating authority must consider the petitioner's application and pass a reasoned order within four weeks.
Summary
Petitioner Chandrashekhar filed a writ application seeking the release of his Swift Dezire car, registration No. DL-1ZD-6232, which had been seized by police under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 in connection with a case under the 2022 amendment. He submitted a Form‑V application to the confiscating authority requesting release. The court examined whether the authority must act on the petitioner's application and issue a reasoned order within a reasonable time. Relying on judicial precedents concerning confiscation and the procedural requirements under the Act, the bench directed the authority to consider the application within four weeks and pass a reasoned order. The application was consequently disposed of, with the court’s direction pending further action by the confiscating authority.
Issues considered
- Whether the confiscating authority is obligated to consider and decide the petitioner's Form‑V application for release of the seized vehicle within a reasonable time
- Whether the seizure under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 can be challenged through a writ petition
Legislation cited
Subjects
- writ petition
- vehicle seizure
- confiscation authority
- excise law
- procedural direction
- reasonable time
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1231 of 2026
======================================================
Chandrashekhar S/o Radhe Shyam, Resident of J-1875, Block-J, Jahangirpuri,
Bhalaswa, P.O.- M.S. Mandi, P.S.- Mahendra Park, District-North West Delhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The District Magistrate -cum- Collector, Gopalganj.
3. The Superintendent of Police, Gopalganj.
4. The officer-in-charge (S.H.O.), Kuchaikote Police Station, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Respondent/s : Mr. Standing Counsel (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 13-05-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This application has been filed for seeking
following relief(s):
“For issuance of an appropriate
writ/order/direction commanding and directing the
respondents to release the Swift Dezire Car of the
petitioner bearing Registration No.DL-1ZD-6232
which has been seized by the police in connection with
Kuchaikote P.S. Case No.460 of 2024 for the offences
under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2018 inspite of filing
application in Format-V duly as prescribed under Rule
Patna High Court CWJC No.1231 of 2026(3) dt.13-05-2026
2/2
12(A) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.”
3. It is stated by learned counsel for the petitioner that
vide Annexure-P/3, he has moved before the confiscating
authority for release of the vehicle in question. It is submitted
that appropriate direction be issued to the confiscating authority
to consider the application expeditiously and pass an appropriate
order within reasonable period.
4. Having regard to the nature of the prayer made by
the learned counsel for the petitioner, we direct the confiscating
authority, before whom the application is pending, to consider
the same within a period of four weeks from today and pass a
reasoned order thereon keeping in view the judicial
pronouncements on this subject.
5. Accordingly, this application stands disposed of.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
anand/-
U
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