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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

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
                                            2/3




          (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
                                                      3/3




                    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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