Patna High Court
Pappu Rai alias Jalaha alias JarlahaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The Court held that the seizure of the tractor, trailer and jaggery was unlawful due to non‑compliance with Section 105 of the BNSS and the perishable nature of the goods, and therefore ordered their immediate release subject to a documented hand‑over.
Summary
Petitioners Pappu Rai and Harivishun Rai challenged the seizure of their tractor, trailer and 58.75 quintals of jaggery by the Bihar Excise and Police authorities under the Bihar Prohibition and Excise (Amendment) Act, 2022. They alleged that the seizure was conducted without the mandatory audio‑video recording required by Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and that the second seizure list relating to liquor recovery was unrelated to their case. The State argued that the goods were seized as evidence of illicit liquor manufacture and that the petitioners could seek relief under Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021. The Court examined the procedural deficiencies, the perishable nature of the jaggery, and the lack of proper evidentiary linkage to liquor manufacture. Finding the seizure unlawful and the police’s actions arbitrary, the Court ordered the immediate release of the tractor, trailer and jaggery, subject to a documented hand‑over and undertaking, and directed a senior police officer to investigate alleged harassment.
Issues considered
- Whether the seizure of the tractor, trailer and jaggery complied with Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requiring audio‑video recording.
- Whether the second seizure list dated 17‑11‑2025 is relevant to the present case.
- Whether the seized jaggery can be lawfully treated as evidence of illicit liquor manufacture under Section 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioners have an alternative remedy under Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021 or the writ court can order release.
- Whether the police acted arbitrarily and in violation of procedural safeguards, justifying the release of the seized property.
Legislation cited
Subjects
- seizure
- illegal search
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- perishable goods
- writ of habeas corpus
- vehicle confiscation
- police misconduct
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1640 of 2026
======================================================
1. Pappu Rai alias Jalaha alias Jarlaha S/O Mohan Ray, R/O Village -
Sukmarpur Jafrabad Tok, Arazi Beshinao Barar, P.S. Raghopur (Rustampur
O.P.), P.O. Jafrabad, District - Vaishali.
2. Harivishun Rai alias Harebishun Ray alias Hare Vishnu Ray, S/O Ram Ji
Ray, R/O Didarganj Dharamshala, Simli Murarpur, P.O. Katra Bazar Samiti,
P.S. Didarganj, District - Patna.
... ... Petitioners
Versus
1. The State of Bihar through the Secretary Prohibition Excise and Registration
Department (Excise).
2. The Director General of Police, Patna, Bihar.
3. The District Magistrate, Patna.
4. The Senior Superintendent of Police, Patna.
5. The Rural Superintendent of Police, Patna.
6. The Sub-Divisional Police Officer (S.D.P.O.), Fatuha, Patna.
7. The S.H.O. Nadi (Riverine) P.S., Fatuha, Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the State : Mr. Anuj Kumar, Advocate, AC to GP-24
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 12-05-2026
Heard learned counsel for the petitioners and learned
counsel for the State.
2. The petitioners in this writ application are seeking
following reliefs:-
“(i) For commanding the Respondents to immediately
release the tractor of the petitioner No. 2, bearing
Registration No. BR01GK4248, having Chasis No.
T053532451LK and Engine No. -E3598237, along
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with the Trailer having Registration No.-BR01GK4531
and Chasis No. MT1N0376, make Powertrack
Company, which in an illegal and arbitrary manner has
been seized pursuant to registration of the Nadi
(Riverine) P.S. Case No. 315/2025 (Annexure P 1),
dated 16.11.25, registered against the both the
petitioners and co-accused - Rajnath Rai, apparently
the driver of the said vehicle, for the offence as alleged
under section 30(d) of the Bihar Prohibition and Excise
(Amendment) Act, 2022, which is pending before the
court of the learned Special Excise Court, Patna City.
(ii). For further directing the Respondents to take
immediate and urgent steps so that the 58.75 quintals
(5875 kgs) of the Gur/Jaggery/Mitha, amounting to
about Rs. 2,26,187 (two lakhs twenty six thousand one
hundred and eighty seven) seized by them of the
petitioner No. 1, in the aforesaid concerning case
which was loaded on the tractor, who is a businessman
of repute, having a trade business in the name of Pappu
Gud Bhandar, which is registered under Bihar Shops
and Establishments Act, 1953, he is also having all the
mandatory and registered papers and also pays all the
concerning taxes, is released at once.
That at this juncture the petitioner No. 2 would like to
draw the attention of this Hon'ble High Court that the
police officials in a malicious manner in the seizure list
has reflected the fact that only 4625 kgs of
Gur/Jaggery/Mitha was loaded on the seized tractor
and trailer, and in-turn at the initial stage has siphoned
off near about 1250 kgs. of the same material, and has
caused huge financial loss to the petitioner.
(iii). For seeking explanation from the state authorities
as to why with an intention just to harass and humiliate
the petitioners and earning unlawful gains, even
without any recovery of illicit liquor has implicated
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them in this false and fabricated case and has seized
their belongings.
(iv). For directing the Respondent Nos. 5, 6 and 7, to
properly investigate the illegal and motivated aforesaid
case lodged in repercussion to the fact that previously
also one false and illegal Raghopur (Rustampur O.P.)
P.S. Case No. 246/2023, was initiated against the
petitioner No. 1, in which his vehicle and materials
were seized and for the release of the same he
preferred one CWJ.C. No. 15589 of 2023 (D.B.) before
this Hon'ble High Court and the same was allowed in
his favour by an order dated 30.10.2024, passed by the
co-ordinate bench of Hon'ble Mr. Justice P.B. Bajanthri
and Hon'ble Mr. Justice S.B.Pd.Singh, and further the
state respondents were directed to pay the invoice
amount of Rs. 2,28,735/- to the petitioner. That in
compliance to this order the then concerning police
officials were directed to submit the invoice amount as
stated above, which subsequently was paid to the same
petitioner.
(v). For seeking explanation from the state respondents
as to the method and procedures revered by them in
coming to a faulty conclusion that the seized
Gud/Jaggery/Mitha, was apparently being used for
manufacture of illicit liquor.
(vi). For making the respondents accountable to the
fact that the two seizure lists prepared by them without
following the mandatory provisions of section 105 of
the B.N.S.S, 2023, have been manipulated as their own
sweet convenience and will, so as to implicate and
coerce the petitioners to submit to their demands and
wishes.
(vii). For making the respondents accountable to the
fact that the seized materials have been kept by them
without any proper care and protection due to which
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the same has deteriorated beyond usable state.
(viii). For any other reliefs which the Hon’ble High
Court thinks proper and just in the facts and
circumstances of this case.”
3. It is the case of the petitioners that on the basis of
the First Information Report lodged by one Vinit Kumar (A.S.I.
of the Nadi P.S.) on 16.11.2025 at 17.10 p.m., the tractor in
question having a trailer loaded with 4625 kg of
Mitha/Jaggery/Gud have been seized. Allegations have been
made about seizure of the tractor with the Gud/Jaggery, but
surprisingly two seizure lists have been prepared by the police.
The first seizure list has been prepared on 16.11.2025 at 21.05
p.m. whereas the second seizure list has been prepared on
17.11.2025. In the second seizure list, 12 liters of country made
liquor has been shown to be recovered from beneath the
Sabalpur Six lane bridge.
4. Learned counsel for the petitioners submits that the
seizure has not been recorded by police through audio-video
electronic means, therefore, the entire search and seizure
procedure is in violation of Section 105 of the Bharatiya
Nagarik Suraksha Sanhita (in short ‘BNSS’), 2023. It is
submitted that the second seizure list is not connected with the
present case even as the copy of the said seizure list has never
been served upon the accused, who were apprehended by police
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at the time of first seizure list, thus police is wrongly connecting
the second seizure with the present case.
5. Learned counsel submits that the police officials
acted in hot haste and on the same day within five minutes after
lodging of the case in the police station, a confessional
statement of the apprehended person was recorded. The said
confessional statement has been used to prosecute the
petitioners.
6. It is submitted that earlier by lodging a false case
being Raghopur (Rustampur O.P.) P.S. Case No. 246 of 2024,
the petitioner no. 1 was harassed. His vehicles and materials
were seized by police. For release of the same, the petitioner
preferred C.W.J.C. No. 15589 of 2024 (D.B.) before this Court
which was allowed in favour of the petitioner of the said case
vide order dated 30.10.2024. It is submitted that by an order of
the learned co-ordinate Bench of this Court, in the said case, the
state respondents were directed to pay the invoice amount of Rs.
2,28,735/- in relation to the goods to the petitioner. Learned
counsel submits that after the aforesaid incident, the police
developed a grudge against the petitioner and as his scope of
business run both between Raghopur (Vaishali District) and
Patna District, so they have initiated this case without any
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credible evidences. Order of the writ Court passed in C.W.J.C.
No. 15589 of 2024 has been brought on record as
Annexure-’P/3’. In paragraph 10, 11 and 12 of the writ
application, the petitioner has made the following statements:-
“...10. That the petitioner No. 1 is a businessman of
repute, he runs a trade business in the name of Pappu
Gud Bhandar, which is also registered under Bihar
Shops and Establishments Act, his business spans in
sale and purchase of Nitha/Gud/Jaggery and its
ancillary items. That the business of the petitioner No.
1 is fully legal, for which he has complied with all the
mandatory requirements and documentation, and
since the commencement of his business he has been
paying proper Income Tax Returns and is also filing
his GSTR returns, all well within the timelines.
11. That on 14.11.25, i.e. two days prior to the present
occurrence the petitioner No. 1 by a proper invoice
has purchased 58.75 quintals (5875 kgs.) of
Gud/Jaggery/Mitha, for an amount of Rs. 2,26,187/-
(two lakhs twenty six thousand one hundred and
eighty seven) from one Bikash Traders. That after
receiving the same on the fateful day it was being un-
loaded and transported on the seized vehicle, which in
a illegal and wrongful manner was seized by the
police on the pretext that is being used for
manufacture of liquor, and in the seizure list has been
reflected just as 4625 kgs, and the police has siphoned
off near about 1250 kgs. of the same material, for
which actions prescribed under the law should be
taken against them.
12. That the petitioner No. 1 is the genuine and
bonafide owner of tractor bearing Registration No.
BR01GK4248, having Chasis No.-T053532451LK
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and Engine No.E3598237, along with the Trailer
having Registration No. BR01GK4531 and Chasis
No. -MT1N0376, make Powertrack Company, he is
having all the relevant documents of the same
inclusive of Registration and Insurance, Pollution
Permit, and Certificate of Fitness, no incriminating
articles or liquor were loaded on the same, and even
then it has been seized under the Excise Act…...”
7. With reference to the pleadings available on the
record in the writ application, learned counsel for the petitioners
submits that in the kind of harassments being caused to the
petitioners, the petitioners are seeking a direction to the
respondent nos. 5, 6 and 7 to properly investigate the case. The
respondents have not explained as to by which method or
procedure, they have concluded that the seized gud/jaggery was
apparently being used for manufacture of the illicit liquor.
8. A counter affidavit has been filed on behalf of the
respondent no. 3 who is the Assistant Commissioner of Excise,
Patna. In his counter affidavit, this respondent has taken a plea
that on 02.03.2026, a proposal for confiscation has been
received in his office and subsequently confiscation case
proceedings were duly instituted vide Vehicle Confiscation Case
No. 92/2025-26 (State Vs. Vishun Rai) and notice has been
issued vide order dated 14.03.2026. It is submitted that the
petitioners have alternative efficacious remedy by making an
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application under Rule 12(B) of the Bihar Prohibition and
Excise Rules, 2021.
9. A counter affidavit has also been filed on behalf of
respondent nos. 4 to 6. It is stated that in course of search of the
vehicle, approximately 125 bags of jaggery(gud), weighing
about 4625 kilograms, Nausadar (ammonium chloride) used in
fermentation process, plastic containers and materials used in
preparation of illicit liquor and approximately 12 liters of
country-made illicit liquor have been recovered. The condition
of seized jaggery was found to be fermented/rotten, clearly
indicating its intended use in illicit liquor manufacturing. It is
stated that the entire search and seizure process was video-
graphed and the same has been duly certified under Section 63
of the B.N.S.S. The seized samples were sent for chemical
examination and the laboratory report confirms presence of
Jaggery and Nausadar which are commonly used in
fermentation process of illicit liquor. Learned counsel for the
State submits that on the basis of the materials present on the
record, a confiscation proceeding has been initiated.
10. We have heard learned counsel for the petitioners
and the State as also perused the records. It is evident that the
vehicle and the jaggery of which release is being sought for,
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have been seized vide the seizure list prepared on 16.11.2025 at
21.05 hours at old NH-30 road Pakki Dargah. The person
present in the vehicle, namely, Rajnath Ray was arrested. On
perusal of the search memo, it would appear that it refers a case
registered under Bihar Prohibition and Excise (Amendment)
Act, 2022 under Section 30 (d). The articles seized are said to be
125 bags of gud which is used in making liquor. The quantity is
125X37 kg. The tractor and trailer have been seized for the
evidence.
11. So far as recovery of Mahua liquor on 17.11.2025
is concerned, it has been recovered form a place under Sabalpur
Six Lane Bridge. It is thus, evident that Mahua country made
liquor was not being transported by the tractor in question. The
substance like Nausadar and the packing plastics as also the gas
cylinder and two big utensils have been shown recovered from
the place under Sabalpur Six Lane Bridge. This seizure list is
dated 17.11.2025 and it is evident on perusal thereof that the
seizure list has not been served upon the arrested person in this
case. Thus, the only article which has been found on the tractor
is gud/jaggery. The respondents have not answered the specific
averments made in paragraph 10, 11 and 12 of the writ
application. Only an evasive reply has been given in paragraph-
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16 of the counter affidavit filed on behalf of respondent nos. 4 to
6. It is evident that the Investigating Officer of the case has not
questioned/challenged the invoices/bills which have been
enclosed by the petitioners. In the counter affidavit, impression
has been tried to be given that all the articles were recovered
from the tractor and trailer which is not a correct fact. The
counter affidavit talks of a laboratory report but no laboratory
report has been brought on record. The pleadings present in the
counter affidavit of respondent nos. 4 to 6 do not inspire
confidence of this Court.
12. Having noticed the aforementioned facts and after
making these observations, this Court finds that the ‘Gud’ is a
perishable item and it is lying in the police station with the
vehicle since 16.11.2025, already six months have gone past,
therefore, it would not be appropriate to relegate the petitioners
to an alternative remedy by making an application under Rule
12(B) of the Rules of 2021. In these facts, this Court directs
immediate release of the ‘Gud’/Jaggery with the tractor and
trailer seized under the seizure list dated 16.11.2025.
13. Before release of articles and the vehicles, the I.O.
shall prepare a Punchnama in presence of the two independent
witnesses of both the vehicles as well as the articles. A copy of
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the Punchnama shall also be made available to the petitioners.
Photographs of the vehicles (tractor and trailer) and the articles
would be taken and certified by the I.O. which would also be
kept on record of the case before the learned jurisdictional court.
The petitioners shall furnish an undertaking that they would not
raise any question of identity with respect to the Panchnama and
photographs, in course of the confiscation proceeding or in the
trial. On furnishing this undertaking, the vehicles as well as the
articles shall be released. Undertaking shall form part of the
records of the confiscation case as well as the criminal case in
the trial court. This exercise must be completed within 3 days
from the date of receipt/production of a copy of the order.
14. Before we part with this judgment, it seems just
and proper to direct the Senior Superintendent of Police, Patna
to look into the matter and get verified the allegations of the
petitioners that they are being harassed by police due to non-
fulfillment of the illegal gratifications in course of their trade
and business and because of the grudge developed due to
previous direction of this Court in C.W.J.C. No. 15589 of 2024.
Such verification shall be conducted through a responsible
officer in the rank of Dy. S.P. of repute, posted in another police
station jurisdiction.
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15. This writ application is allowed to the extent
indicated hereinabove.
(Rajeev Ranjan Prasad, J)
( Soni Shrivastava, J)
priyanka/devendra-
AFR/NAFR
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Uploading Date 15.05.2026
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