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Patna High Court

Sumit Yadav @ Sumit Kumar @ DCMversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Confiscation of premises is unlawful where the owner is not shown to have participated in the offence, as required by Sections 56, 57B and 58 of the Bihar Prohibition and Excise Act, 2016.

Summary

The petitioners, Sumit Yadav and his mother Suman Devi, challenged the seizure and confiscation of their house‑cum‑premises by the Collector of Purnea after a police raid recovered 44.25 litres of illicit liquor. The State argued that the premises were used for illegal liquor storage and therefore fell within the confiscation powers under the Bihar Prohibition and Excise Act, 2016. The Court examined the statutory provisions, particularly Sections 30, 56, 57B and 58 of the Act, and the procedural rules governing release of premises on payment of penalty. It found that no allegation or evidence linked the owner, petitioner 2, to the offence, and that the owner’s participation is a prerequisite for confiscation under the Act. Consequently, the seizure was held arbitrary, violative of Articles 14 and 300A of the Constitution, and the orders of the Collector, Excise Commissioner and Excise Secretary were set aside, with the premises to be released upon payment of a Rs 20,000 penalty.

Issues considered

  • Whether the seizure and confiscation of the premises under the Bihar Prohibition and Excise Act, 2016 is valid when the owner is not alleged to have participated in the illicit liquor offence.
  • Whether the statutory provisions and rules require proof of the owner’s involvement before confiscation can be ordered.
  • Whether the confiscation violates constitutional guarantees of equality (Article 14) and property rights (Article 300A).

Legislation cited

Subjects

  • illicit liquor
  • confiscation
  • seizure of premises
  • property rights
  • Article 14
  • Article 300A
  • penalty
  • release of premises
  • excise law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No. 12523 of 2025
     ======================================================
1.    Sumit Yadav @ Sumit Kumar @ DCM, Gender-Male, Son of Late Arun
     Yadav, Resident of Village- Budhiya Dhankatta, P.S- Sarsi, Dist.- Purnia.
2.   Suman Devi, Gender-Female, Wife of Late Arun Yadav, Resident of Village-
     Budhiya Dhankatta, P.S- Sarsi, Dist.- Purnia.
                                                                 ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through Principal Secretary, Excise Department,
     Government of Bihar, Patna.
2.   The Excise Commissioner, Government of Bihar, Patna.
3.   The District Collector, District- Purnia, Bihar.
4.   The Excise Officer, Bihar Prohibition and Excise Act, Purnia.
5.   The Superintendent of Police, District- Purnia.
6.   The Officer In-charge, P.S.- Sarsi, District- Purnia.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Vikram Singh, Advocate
     For the Respondent/s   :       Standing Counsel 21
     ======================================================
       CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                                and
                    HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                 ORAL JUDGMENT

         (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

      Date: 20-04-2026

            The present writ petition has been filed for quashing the

     order dated 13.01.2023, passed by the learned Collector, Purnea in

     Excise Case No. 519 of 2022, the order dated 14.08.2023 passed

     by the Excise Commissioner, Purena in Excise Appeal No. 110 of

     2023 and the Revisional Order dated 16.10.2023, passed by the

     Excise Secretary, Bihar, Patna in Excise Revision Case No.41 of
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       2023. The petitioners have further prayed for release of the house-

       cum-premises (vacant land) of the petitioner No.2 on payment of

       reasonable penalty.

               2. The brief facts of the case are that the police personnel of

       Sarsi Police Station and the Sub-Inspector of Police received

       information that some persons were engaging in selling of illicit

       liquor to the customers at village Budhiya Dhankatta and the

       petitioner No.1 is also engaged in such illicit trade. Thereafter, a

       raid was conducted by the police personnel at the house of the

       petitioners and 18.750 liters of illicit liquor was recovered from

       the fodder house, while 25.500 liters of illicit liquor was recovered

       from the maize field, situated adjacent to the fodder house. The

       said seizure of illicit liquor led to filing of Sarsi P.S. Case No.62 of

       2022 dt. 18.03.2022 under Sections 272/273/34 of the Indian Penal

       Code & Section 30(a) of the Bihar Prohibition and Excise Act, 2016

       (as amended up to date) (hereinafter referred to as the ‘Act, 2016’).

               3. The learned counsel for the petitioners has submitted that

       as far as the petitioner No.2 is concerned, she is the owner of the

       fodder house/adjacent land from where illicit liquor has been

       recovered, however neither any allegation has been imputed to her

       in the F.I.R. nor any accusation has been made against her in the

       counter affidavit. It is submitted that the petitioner No.2 is neither
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       having any connection nor any relation with the illicit liquor

       recovered from the fodder house/adjacent land, situated at Mauza-

       Budhiya Dhankatta, P.S. No. 60, appertaining to Khata No. 865,

       Khesra No. 2261, ad-measuring 15 decimals, hence it is submitted

       that the land in question be released in favor of the petitioner No.2

       who is the owner of the house/land in question and as far as the

       petitioner No.1 is concerned, he is son of the petitioner No.2, who

       is the culprit.

               4. Per contra, the learned counsel for the respondent-State

       has submitted that a raid was conducted upon receipt of

       confidential information at the premises in question, whereupon

       44.250 liters of illicit liquor was recovered from the fodder house

       and the adjacent maize field and in fact the police had confidential

       information to the effect that the petitioner No.1 and one another

       co-accused Shankar (son of the Chaukidar of the village) were

       selling illicit liquor to customers on the occasion of Holi. It is also

       submitted that from the premises in question 44.250 liters of illicit

       liquor has been recovered, hence confiscation proceedings have

       rightly been initiated, leading to passing of the impugned order

       dated 13.01.2023, by the learned Collector, Purnea whereby and

       whereunder, the premises in question has been confiscated.
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               5. The petitioner No.1 had then filed an appeal bearing

       Excise Appeal Case No. 110 of 2023, however the same has been

       dismissed by an order dated 14.08.2023, passed by the Excise

       Commissioner, Bihar, Patna. Thereafter, the petitioner No.1 had

       filed a revision petition bearing Excise Revision Case No.41 of

       2023, however the same has also stood dismissed by an order

       dated 16.10.2023, passed by the Secretary, Prohibition and Excise,

       Department of Prohibition, Excise and Registration, Bihar, Patna,

       hence it is submitted by the Ld. Counsel for the respondents that

       since 44.250 liters of illicit liquor has been recovered from the

       premises in question, the same has rightly been confiscated.

               6. We have heard the Ld. Counsel for the parties and

       perused the materials on record from which it is apparent that the

       present case arises out of Sarsi P.S. Case No.62 of 2022 dated

       18.03.2022 which has been registered under Sections 272/273/34

       of the Indian Penal Code and Section 30(a) of the Act, 2016

       against the petitioner No.1 on account of recovery of 44.250 liters

       of illicit liquor from the premises in question. At this juncture, we

       would like to advert to the provisions contained in the amended

       Act, 2016, Sections 30, 56, 57B and 58 being relevant are being

       reproduced herein below:-
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               “30. Penalty for unlawful manufacture, import, export,
               transport, possession, sale, purchase, distribution, etc. of any
               intoxicant or liquor. -

               Whoever, in contravention of any provision of this Act or of any
               rule, regulation, order made, notification issued thereunder, or
               without a valid license, permit or pass issued under this Act, or in
               breach of any condition of any license, permit or pass renewed or
               authorization granted thereunder –

               (a) Manufactures, possesses, buys, sells, distributes, collects,
               stores, bottles, imports, exports, transports, removes or cultivates
               any intoxicant, liquor, hemp; or

               (b) Constructs or establishes or works in any manufactory,
               distillery, brewery or warehouse; or

               (c) Manufactures, uses, keeps or has in his possession any
               material, utensil, implement or apparatus, or uses any premises,
               whatsoever, for the purpose of manufacturing any intoxicant or
               liquor; or

               (d) Manufactures any material or film either with or without the
               State Government logo or logo of any State or wrapper or any
               other thing in which liquor or intoxicant can be packed or any
               apparatus or implement or machine, for the purpose of packing
               any liquor or intoxicant; or

               (e) Removes any liquor or intoxicant from any distillery, brewery,
               warehouse, other place of storage licensed, established,
               authorized or continued under this Act; or

               (f) Manufactures, possesses, sells, distributes, bottles, imports,
               exports, transports or removes, any preparation made with or
               without the use of any intoxicant or liquor, which can serve as an
               alcohol or a substitute for alcohol and is used or likely to be used
               or consumed for the purposes of getting intoxicated; shall be
               punishable with imprisonment for the term which may extend to
               life and with fine which may extend to ten lakh rupees.
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               Provided that the punishment:

               (a) For the first offence shall not be less than five years
               imprisonment and fine of not less than one lakh rupees, and

               (b) For the second and subsequent offences shall not be less than
               ten years rigorous imprisonment and fine of not less than five lakh
               rupees”.

               56. Confiscation of Seized Items.- (1) Notwithstanding anything
               contained in Section 57B, whenever an offence punishable under
               this Act, is committed, the Collector or an Officer authorized by
               him may confiscate such items based on the report of the
               investigating officer.

               (2) Such items may include-

               (i) any premises or part thereof;

               (ii) any animal, vehicle, vessel or conveyance;

               (iii) any liquor or intoxicant;

               (iv) any other item having bearing with the case;

               Provided, where things as mentioned in Section 57 are to be
               destroyed, then the Collector or an officer authorized by him need
               not confiscate the same before their destruction.

               (3) The State Government may issue necessary direction,
               guidelines, regulations and instructions with respect to the mode
               and manner of search, seizure, destruction and confiscation.

               57B. Things or premises liable to be released upon penalty.- (1)
               Any animal, vehicle, vessel or other conveyance used for
               committing any offence punishable under this Act that has been
               seized by any police Officer or Excise Officer may be released by
               the Collector upon payment of such penalty as may be notified by
               the State Government.

               2. Any premises or part thereof used for committing any offence
               punishable under this Act that has been seized by any police
               Officer or Excise Officer may be released by the Collector upon
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               payment of such penalty as may be notified by the State
               Government.

               (3) If the person concerned does not pay the penalty, then the
               Collector shall proceed to confiscate the said animal, vehicle,
               vessel or other conveyance and premises as per Section-58.

               58. Confiscation by District Collector. - (1) Notwithstanding
               anything contained in this Act or any other law for the time being
               in force, where anything liable for confiscation under this Act is
               seized or detained under the provisions of this Act, the officer
               seizing and detaining such property shall, without any reasonable
               delay submit a report to the District Collector who has jurisdiction
               over the said area;

               (2) On receipt of the report under subsection (1), the District
               Collector if satisfied that an offence under this Act has been
               committed, may, whether or not prosecution is instituted for the
               commission of such an offence and whether or not a case is
               pending before any court, order confiscation of such property;

               (3) The Collector shall, before passing an order under subsection
               (2), give a reasonable opportunity to the person concerned, of
               being heard;

               (4) While making an order of confiscation under sub-section (2),
               the District Collector may also order that such of the properties
               which the order of confiscation relates, which in his opinion
               cannot be preserved or are not fit for human consumption, be
               destroyed. Whenever any confiscated article has to be destroyed in
               conformity with these provisions, it shall be destroyed in the
               presence of an Executive Magistrate or officer ordering the
               confiscation or forfeiture, as the case may be, or in the presence of
               the Excise Officer not below the rank of a Sub Inspector;

               (5) While making an order of confiscation under sub-section (2), if
               the District Collector is of the opinion that it is expedient in the
               public interest to do so, he may order the said property or any part
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               thereof to be sold by public auction or dispose of departmentally
               and proceeds deposited with the State Government;

               (6) The District Collector shall submit a full report of all
               particulars of confiscation to the Commissioner of Excise within
               one month of such confiscation”.

               7. We would also like to refer to Rule 12 B and 13 B of the

       Bihar Prohibition and Excise (Amendment) Rules, 2022.

               "12B. Release of Premises on Payment of Penalty- (1) If any
               premises or part thereof has been seized or sealed by any police or
               excise officer under the Act, then in terms of section-57B (2) of the
               Act, the Collector or an officer authorized by him, upon receipt of
               an application in Form V from the owner of the said premises, may
               release or unseal the said premises or part thereof upon payment
               of such penalty as may be ordered by the Collector or the officer
               authorized by him.

               Provided, where it is not possible to ascertain the owner of the
               premises or the owner is not coming forward, the Collector or the
               officer authorized by him shall, after waiting for 15 days from the
               date of seizure/sealing, proceed to confiscate the premises as per
               the provisions of the Act.

               (2) The Collector or the officer authorized by him shall have due
               regard to the economic status of the individual, nature of his
               involvement in the crime, location of the premises and the
               quantum of intoxicant recovered while deciding the quantum of
               fine to be paid by the individual. However, the fine shall not be
               less than Rs. one Lakh in any case.

               In any case, the Collector shall not wait beyond 15 days from the
               date   of   seizure/sealing    and      if   during   this   period,   the
               accused/owner does not pay up the penalty he shall proceed with
               the confiscation/auction.

               (3) Notwithstanding above, if on a report by police officer or
               excise officer, the Collector or the officer authorized by him is
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               satisfied that releasing the premises shall not be in the public
               interest, the Collector or the officer authorized by him shall
               proceed ahead with the confiscation of the said premises or part
               thereof and its subsequent auction/disposal.

               (4) Such penalty shall be, regardless of the outcome of the trial if
               any, before the Special Court, non-refundable.

               (5) The owner of the Premises shall, after the release of the
               premises, allow the inspection of the premises as and when desired
               by the authorities.

               13B. Procedure of confiscation of Premises.- (1) Where it is
               decided by the Collector that the premises is not to be released on
               penalty or where the owner does not pay the required penalty, the
               confiscation proceeding shall be initiated. The proposal for
               confiscation of the premises shall be sent by the police/excise
               officer to the Collector (or an officer authorized by him) within 30
               days from the date of seizure/sealing. The officer concerned shall
               immediately start the confiscation proceeding.

               In case of delay of beyond 30 days, in submission of the proposal
               for confiscation, the police/excise officer will have to explain the
               delay.

               (2) The officer concerned, on receipt of proposal of confiscation of
               any premises or part thereof any property liable for confiscation
               from police/excise officer, shall issue show cause notice to the
               owner(s) of the premises or property. Simultaneously, he shall
               issue notice to the Chemical Examiner and/or such revenue
               officers for their reports.

               (3) Such notice issued by the officer shall be served as per
               procedure prescribed in the Code of Criminal Procedure, 1973 for
               service of summons.

               (4) The officer shall provide reasonable opportunity of hearing to
               the owner(s) of the premises or property. The investigating/inquiry
               officer shall also be given opportunity to participate in such
               hearing.
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               (5) If the person to whom notice has validly been served fails to
               appear in the proceeding on two consecutive dates fixed for
               hearing, the confiscating authority shall proceed to pass the order
               ex-parte.

               (6) The officer shall, after hearing the parties, pass appropriate
               order of confiscation or unsealing, as the case may be, with
               respect to sealed/seized premises or property on the basis of his
               satisfaction whether an offence has been committed or not in terms
               of the Act.

               (7) The officer shall ensure that the order for confiscation is
               passed within 90 days from the date of seizure/sealing of the
               premises.

               (8) Any person aggrieved by the order passed by the Collector
               under the provisions of the Act may file appeal in the manner
               prescribed under these rules."

               8. A bare perusal of the aforesaid statutory provisions would

       show that a premises or part thereof used for committing an

       offence under the Act, 2016 can be seized/confiscated but the same

       can be released upon payment of penalty, however while deciding

       the quantum of fine to be paid by the individual, due regard has to

       be given to the economic status of the individual, nature of his

       involvement in the crime, location of the premises and the

       quantum of intoxicant recovered. Moreover, before passing an

       order of confiscation or unsealing, as the case may be, with respect

       to sealed/seized premises or property, the concerned officer has to

       be satisfied as to whether an offence has been committed or not in

       terms of the Act, 2016. Thus, it is apparent from the statutory
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       provisions contained in the Act, 2016 and the Rules framed

       thereunder that direct involvement or connivance of the owner of

       the premises in question in illegal use of such premises for

       stacking illicit liquor is an essential prerequisite for seizure and

       confiscation of the premises in question or imposing any penalty

       for release of the same.

               9. Now coming to the present case, we find that neither the

       petitioner No. 2 has been made an accused in the aforesaid

       criminal case nor any allegation have been levelled against her to

       the effect that she was having any complicity in the trade of illicit

       liquor being carried out by her son. We also find that no material

       has been produced in the counter affidavit to show that either the

       petitioner No.2 was involved or having any connivance in the

       alleged occurrence. Moreover, there is no proof on record to show

       that the petitioner No.2 was having any connection with the trade

       of illicit liquor or she was instrumental in the alleged occurrence

       or she was having any direct/indirect involvement or connivance

       in illegal use of the aforesaid premises for stacking the illicit

       liquor. Therefore, we find that the action of the State authorities in

       sealing the premises in question and confiscation the same is

       arbitrary and hit by Article 14 of the Constitution of India. It is

       also violative of the constitutional right of the petitioner to hold
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       property as provided for under Article 300 A of the Constitution of

       India which prohibits any deprivation of the property save by

       authority of law. Thus, we are of the considered view that the Act,

       2016 in no way authorizes the officials to seize the premises in

       question in the facts and circumstances of the present case, hence

       the seizure and confiscation of the premises in question is without

       any authority of law. Accordingly, we set aside the order dated

       13.01.2023, passed by the learned Collector, Purnea in Excise

       Case No. 519 of 2022, the order dated 14.08.2023 passed by the

       Excise Commissioner, Purina in Excise Appeal No. 110 of 2023

       and the Revisional Order dated 16.10.2023, passed by the Excise

       Secretary, Bihar, Patna in Excise Revision Case No.41 of 2023.

               10. We further find that the petitioner No.1 is the son of the

       petitioner No.2 who is alleged to be carrying out illicit trade of

       liquor and for the said purpose he was using the premises of the

       petitioner No.2 for stacking illicit liquor, hence we are of the view

       that it would be in the interest of justice that the petitioners are

       directed to deposit a sum of Rs. 20,000/- (Rupees Twenty

       Thousand) with the Collector, Purnea within a period of four

       weeks from today, whereupon the Collector, Purnea shall ensure

       that the premises/land in question is de-sealed and released in

       favor of the petitioner No.2 within a period of two weeks,
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                       thereafter upon him being satisfied about the ownership of the

                       petitioner No.2 with regard to the premises in question.

                               11. Accordingly, the present writ petition stands allowed.



                                                      (Mohit Kumar Shah, J)



                                                       (Arun Kumar Jha, J)
 GAURAV S./-
AFR/NAFR              AFR
CAV DATE
Uploading Date        29.04.2026
Transmission Date


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