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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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