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Patna High Court

Sri Binod SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Confiscation of a premises under the Bihar Prohibition and Excise Act, 2016 is invalid unless the owner’s participation or connivance in the offence is established, and the order passed after the statutory 90‑day period is ultra vires.

Summary

The petitioner, Binod Singh, challenged the confiscation of a room in his property after illicit liquor was seized from that premises during a raid, where the tenant Sudhir Kumar was arrested. The lower authorities had sealed the room on 31 July 2024 and later ordered its confiscation on 14 December 2024, exceeding the 90‑day period prescribed for such orders under the Bihar Prohibition and Excise (Amendment) Rules, 2022. The petitioner argued that he was neither an accused nor involved in the illegal activity and that the seizure violated Articles 14 and 300A of the Constitution. The Court examined the statutory provisions of the Bihar Prohibition and Excise Act, 2016 and the Rules, noting that confiscation requires proof of the owner’s participation or connivance in the offence, which was absent. Finding the confiscation arbitrary and unconstitutional, the Court set aside the lower orders and directed the de‑sealing and release of the room. Consequently, the writ petition was allowed.

Issues considered

  • Whether the Collector can confiscate a premises without establishing the owner’s involvement or connivance in the illicit liquor offence.
  • Whether the order of confiscation passed after the statutory 90‑day period is valid under the Bihar Prohibition and Excise (Amendment) Rules, 2022.
  • Whether the confiscation violates the petitioner’s constitutional rights under Articles 14 and 300A.

Legislation cited

Subjects

  • confiscation
  • illicit liquor
  • property rights
  • Article 14
  • Article 300A
  • excise law
  • tenant
  • seizure
  • writ petition
  • Bihar Prohibition and Excise Act

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No. 13594 of 2025
     ======================================================
     Sri Binod Singh Son of Late Abadh Vihari Singh, Resident of Mohalla-
     Anandpuri House No.- 62, West Boring Canal Road Ward No. 22, P.S.- Sri
     Krishnapuri, District- Patna.
                                                                  ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through the Secretary, Prohibition Excise and
     Registration Department, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Prohibition Excise and Registration
     Department, Government of Bihar Patna.
3.   The Secretary (Excise and Prohibition), Bihar, Patna.
4.   The Excise Commissioner, Prohibition Excise and Registration Department,
     Government of Bihar, Patna.
5.   The District Magistrate Cum Collector, Patna.
6.   The Sub-Divisional Magistrate, Patna Sadar, Patna.
7.   The Senior Superintendent of Police, Patna.
8.   The Nodal Officer, Excise Kosank (Cell), Patna.
9.   The S.H.O., Excise P.S., Patna Sadar, Patna.
10. The Investigating Officer, Excise, P.S., Patna Sadar, Patna.
                                                               ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Amit Kumar, Advocate
     For the Respondent/s   :        Mr. Mujiabaul Haque, GP-12
     ======================================================
       CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                            and
                    HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                 ORAL JUDGMENT
         (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

      Date: 30-03-2026

              The present writ petition has been filed challenging the

      order dated 14.12.2024, passed by the learned Court of

      Collector-cum-District Magistrate, Patna in Confiscation Case

      No. 2381/2024-25 whereby and whereunder the room in
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         question belonging to the petitioner has been confiscated. The

         petitioner has also challenged the appellate order dated 7.5.2025

         passed by the learned Commissioner, Excise, Bihar Patna in

         Excise Appeal Case No. 52 of 2025 whereby and whereunder

         the appeal has been dismissed. Lastly, the petitioner has

         challenged the revisional order dated 26.06.2025 passed by the

         learned Secretary (Prohibition and Excise) Bihar, Patna in

         Excise Revision Case No. 17 of 2025 whereby and whereunder

         the revision petition has been dismissed and the appellate order

         dated 07.05.2025 has been upheld.

                 02. The case in brief according to the informant of the

         connected FIR, namely Inspector of Police, Patna who has filed

         a complaint dated 31.07.2024 before the Officer-in-Charge,

         Prohibition Police Station, Patna is that on 31.07.2024 at about

         08:30 PM while he was getting ready to go to his house, he

         suddenly received an information to the effect that illicit liquor

         has been stored in one room of the House situated at Manorama

         Apartment, Boring Canal Road, Patna, whereafter a raid was

         conducted and 61.875 litre of illicit liquor was recovered as also

         one Sudhir Kumar was arrested from the spot who is stated to be

         the tenant in one room of the house of the petitioner, whereupon

         Patna     Sadar (Excise) P.S. Case No. 1815 of 2024 dated
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         31.07.2024 was registered under Section 30(a), Section 56(b)

         and Section 62 of the Bihar Prohibition and Excise Act, 2016

         and Amendment Act, 2022 (hereinafter referred to as the “Act,

         2016”). It appears that the learned Collector-cum-District

         Magistrate, Patna had initiated confiscation proceeding vide

         Excise Confiscation Case No. 2381 of 2024-25 wherein he has

         come to a conclusion that 61.875 litre of illicit liquor has been

         recovered from the room in question, hence there is no other

         alternative but to confiscate the room in question and

         accordingly has passed an order dated 14.12.2024 confiscating

         the room in question. On account of there being some

         typographical mistake in the aforesaid order dated 14.12.2024,

         learned Collector-cum-District Magistrate, Patna vide order

         dated 10.02.2025 has corrected the Khata No., Khesra No.,

         name of the Mauza and other details pertaining to the room in

         question. The petitioner had then challenged the aforesaid order

         dated 14.12.2024 by filing an appeal bearing Excise Appeal

         Case No. 52 of 2025 before the learned Commissioner, Excise,

         Bihar, Patna however the same has been dismissed vide order

         dated 07.05.2025. The said order dated 07.05.2025 was then

         challenged by the petitioner by filing a revision petition bearing

         Excise Revision Case No. 17 of 2025 however, the same has
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         also stood dismissed by an order dated 26.06.2025, passed by

         the Secretary (Prohibition and Excise) Bihar, Patna.

                 03. The learned counsel for the petitioner has submitted

         that admittedly neither the petitioner was found at the place of

         occurrence nor the excise FIR in question has been lodged

         against the petitioner nor there is any whisper in the counter

         affidavit filed by the respondents in the present case that the

         petitioner was engaged in stacking of illicit liquor or was in any

         manner connected with the alleged occurrence in question. It is

         also submitted that the said accused person namely, Sudhir

         Kumar is the tenant of the petitioner and he along with one

         Rahul Kumar had taken the room in question on rent, whereafter

         the said Rahul Kumar had paid half the amount of rent, however

         regarding the other half, he had stated that he would bring the

         same after getting it from his father and deposit the same but

         during the interregnum period, the aforesaid excise FIR was

         lodged and the said Sudhir Kumar, who has been made an

         accused in the said case was arrested.

                 04. The learned counsel for the petitioner has, at this

         juncture advanced another argument to the effect that as per

         Rule 13B (vii) of the Bihar Prohibition and Excise

         (Amendment) Rules, 2022 (hereinafter referred to as “the Rules,
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         2022”), the concerned officer is required to ensure that the order

         of confiscation of premises in question is passed within 90 days

         from the date of seizure/sealing of the premises. In the present

         case, though the premises was sealed on 31.07.2024 and period

         of 90 days expired on 01.11.2024 however, the order of

         confiscation has been passed by the Ld. Collector on 14.12.2024

         i.e., after expiry of 90 days. In this connection, reference has

         been made to a judgment dated 23.12.2025, rendered by a

         Coordinate Bench of this Court in the case of Sunita Sinha Vs.

         State of Bihar and Ors. (CWJC No. 19581 of 2021), relevant

         portion whereof is being reproduced herein below:-

                 “We only hope and expect that the Authorities under the
                 Act shall take appropriate action at the earliest and in
                 accordance with law, within the time schedule fixed,
                 failing which the vehicle/property/things liable for
                 confiscation shall be deemed to have been released
                 without any further reference to this Court.”
                 Thus, the learned counsel for the petitioner, relying on the

         aforesaid judgment rendered in the case of Sunita Sinha

         (supra) submits that the room/premises in question be released.

                 05. Per contra, the learned counsel for the respondents

         has submitted by referring to the counter affidavit filed in the

         present case that on account of recovery of 61.875 litre of illicit

         liquor, the room in question has been confiscated. It is further
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         submitted that even for the sake of argument, if it is admitted

         that the premises in question was duly let out on rent, it still

         remains the duty of the petitioner to ensure that no illegal

         activity is carried out in the said premises including that of

         stacking of illicit liquor. It is also submitted that the petitioner

         has failed to support his claim of having rented out the room in

         question to the aforesaid tenants, hence the present writ petition

         is bereft of any merit and is liable to be dismissed.

                 06.We have heard the learned counsel for the parties and

         perused the materials on record from which it is apparent that

         the present case arises out of Patna Sadar (Excise) PS Case No.

         1815 of 2024 dated 31.07.2024, registered under Section 30(a),

         Section 56(b) & Section 62 of the Act, 2016/ Amendment Act,

         2022 against Sudhir Kumar on account of recovery of 61.875

         litre of illicit liquor from him as also from the room in question

         and the said Sudhir Kumar was arrested from the spot. At this

         juncture, we would like to advert to the provisions contained in

         the Act, 2016, as amended upto date, Sections 30, 56, 57B and

         58 whereof being relevant are being reproduced herein below:-

                 “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
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                 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.
                 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
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                 (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 benotified 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 payment of such penalty as may be
                 notified by the State Government.
                 (3) If the person concerned does not pay the penalty, then
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                 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
                 subsection (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, asthe 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
                 subsection (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 thereof to be sold by
                 public auction or dispose of departmentally and proceeds
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                 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”.
                 07. We would also like to refer to Rule 12B and 13B 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
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                 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 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, nonrefundable.

                 (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.
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                 (2) The officer concerned, on receipt of proposal
                 ofconfiscation 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.

                 (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
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                 in the manner prescribed under these rules."

                 08. 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 sealed/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 the 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 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.

                 09. Now coming back to the present case, we find that

         neither the petitioner has been made an accused in the aforesaid

         criminal case nor any recovery of illicit liquor has been made
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         from his possession nor the respondents have produced any

         material in the counter affidavit to show either the involvement

         or connivance of the petitioners in the alleged occurrence.

         Moreover, there is no proof on record to show that either the

         petitioner was having any connection with the accused namely

         Sudhir Kumar or he was instrumental in the alleged occurrence

         or he was having direct/indirect involvement or connivance in

         illegal use of the aforesaid premises for stacking illicit liquor.

         We find that the action of the State authorities in sealing the

         premises in question and initiating confiscation proceedings 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

         property as provided for under Article 300 A of the Constitution

         of India which prohibits any deprivation of the property save by

         the 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 & circumstances of the present

         case, hence the seizure & the proceedings initiated for confiscation

         of the premises in question is without any authority of law.

                 10. Accordingly, we set aside the order dated 14.12.2024

         passed by the Ld. Court of Collector-cum-District Magistrate,

         Patna whereby and whereunder the room in question belonging
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                      to the petitioner has been confiscated, the order dated 07.5.2025

                      passed by the learned Commissioner, Excise, Bihar, Patna

                      whereby and whereunder the appeal has been dismissed as also

                      the order dated 26.06.2025 passed by the learned Secretary

                      (Excise and Prohibition) Bihar, Patna whereby and whereunder

                      the revision petition has been dismissed and direct for de-

                      sealing and release of the room in question in favor of the

                      petitioner upon the State authorities being satisfied about the

                      ownership of the petitioner with regard to the room/premises in

                      question, within a period of two weeks of receipt/production of

                      a copy of this order.

                              11. The writ petition stands allowed.


                                              (Mohit Kumar Shah, J)


                                                (Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR                AFR
CAV DATE                N/A
Uploading Date          10.04.2026
Transmission Date       N/A


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