Patna High Court
Anup SavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court granted liberty to the petitioner to file a petition under Rule 12A within four weeks and directed the competent authority to decide the matter within four weeks, disposing of the writ petition on those terms.
Summary
Petitioner Anup Sav sought the release of a Mahindra Bolero pickup vehicle seized by police under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 1,950 kg of bhang were recovered from it. He requested liberty to file a petition under Section 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of a penalty. The respondents argued that confiscation proceedings were pending and the vehicle had not been auctioned, but the court considered the petition appropriate. The court granted the petitioner liberty to file the Rule 12A petition within four weeks and directed the competent authority to decide the matter and issue a reasoned order within four weeks, provided the vehicle had not been auctioned. Consequently, the writ petition was disposed of on these terms.
Issues considered
- Whether the petitioner is entitled to liberty to file a petition under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of a seized vehicle before the conclusion of confiscation proceedings and auction.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- vehicle seizure
- prohibition law
- excise
- cannabis
- release of seized property
- penalty
- writ petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1531 of 2026
======================================================
Anup Sav Son of Ram Babu Saw Resident of Village- Salhalli, P.S.- Akilpur,
District- Saran, At Present Village- Mubarakpur Danapur, P.S.- Shahpur,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna.
2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.
3. The Principal Secretary, Department of Excise, Government of Bihar, Patna.
4. The District Magistrate, Saran, District- Saran.
5. The Superintendent of Police, Saran, District- Saran.
6. The S.H.O., P.S.- Akilpur, District- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoranjan Kumar, Adv.
For the Respondent/s : Mr. Sheo Shankar Prasad, SC-8
Mr. Sanjay Kumar, AC to SC-8
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 09-02-2026 The present petition has been filed for directing the
respondents to release Mahindra Bolero Pickup vehicle bearing
Registration No. BR01GG6898, Chasis No.
MA1ZN2TBKJ1D35760 and Engine No. TBJ1D45327 in
favour of the petitioner, which has been seized by the police in
connection with Akilpur P.S. Case no. 54 of 2022 dated
16.10.2022, registered under Section 30(a) of the Bihar
Prohibition and Excise Act, 2016 against the driver and owner
of the said vehicle on account of recovery of 1950 k.g. of Bhang
Patna High Court CWJC No.1531 of 2026(2) dt.09-02-2026
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(Cannabis) from the said vehicle.
2. At the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to file appropriate
petition under Section 12A of the Bihar Prohibition and Excise
(Amendment) Rules, 2023 (hereinafter referred to as the Rules,
2023) for release of the vehicle in question upon payment of
penalty.
3. Per contra, the learned counsel for the
Respondents-State submits that in case confiscation proceedings
have not been concluded and the vehicle has not been auctioned,
the aforesaid petition, to be filed by the petitioner for release of
vehicle upon payment of penalty under Rule 12A of the Rules,
2023 shall definitely be considered in accordance with law and a
reasoned and a speaking order would be passed within a
stipulated time frame as is fixed by this Court.
4. Having regard to the facts and circumstances of the
case, we deem it fit and proper to grant liberty to the petitioner
to file appropriate petition under Rule 12A of the Rules, 2023
and in case such a petition is filed within a period of four weeks
from today, the Competent Authority shall consider the same on
merits and pass a reasoned and a speaking order within a period
of four weeks, thereafter, in case the vehicle in question has not
Patna High Court CWJC No.1531 of 2026(2) dt.09-02-2026
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been auctioned.
5. Accordingly, the present writ petition stands
disposed off on the aforesaid terms.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
amitkumar/-
U
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