Patna High Court
Karu Pasi @ Karu ChaudhariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The seizure and confiscation of the petitioner’s premises was unlawful as there was no proof of his involvement, violating Articles 14 and 300A, and the confiscation proceedings were set aside with an order for de‑sealing.
Summary
Petitioner Karu Pasi sought de‑sealing of his house after it was sealed following a raid that recovered five litres of illicit liquor from a room used by his son, Pappu Chaudhary, who was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that he was not an accused, had no knowledge or involvement, and therefore could not be liable for the seizure. The State contended that the premises could be released only upon payment of a penalty under Rule 12A and that no evidence of the petitioner’s connivance was produced. The Court examined Sections 30, 56, 57B and 58 of the Act, holding that seizure requires proof of the owner’s direct involvement or connivance, which was absent. Consequently, the sealing and confiscation were deemed arbitrary, violating Articles 14 and 300A of the Constitution, and the Court set aside the confiscation proceedings and ordered the premises to be de‑sealed within two weeks. The writ petition was allowed.
Issues considered
- Whether the sealing and confiscation of the petitioner’s premises is authorized under the Bihar Prohibition and Excise Act, 2016 in the absence of any proof of the petitioner’s involvement.
- Whether the petitioner is entitled to release of the premises upon payment of the penalty prescribed under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2022.
- Whether the seizure violates the constitutional guarantees of equality before law (Article 14) and protection of property (Article 300A).
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30, 56, 57B, 58
Subjects
- seizure
- confiscation
- illicit liquor
- property rights
- Article 14
- Article 300A
- Bihar Prohibition and Excise Act
- de‑sealing
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 16967 of 2025
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Karu Pasi @ Karu Chaudhari, Male, Son of Late Radho Pasi @ Radho
Chaudhari, Resident of Village - Akauna Bazar, Police Station- Mufassil,
District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Government of Bihar, Patna.
2. The District Magistrate-cum- Collector, Nawada, Bihar.
3. The Additional District Magistrate-cum- Collector, Nawada, Bihar.
4. The Superintendent of Police, Nawada, Bihar.
5. The Circle Officer, Nawada, Bihar.
6. The S.H.O., Excise Police Station, Nawada, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Respondent/s : Mr. Jai Prabhat Kishore, AC to SC 13
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date: 16-02-2026
The present writ petition has been filed for de-sealing and
release of the house of the petitioner situated at Mauza- Akauna
Minhai, P.S.-Mufassil, District-Nawada, appertaining to Khata
No.-32, Khesra No.-216, admeasuring 7 decimal which has been
sealed in connection with Nawada Excise P.S. Case No. 36 of
2025. The petitioner has also prayed for quashing of the
confiscation proceedings initiated by the respondents vide Case
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No.15 of 2025, which is pending consideration before the learned
Court of Additional District Magistrate, Nawada.
2. The brief facts of the case are that one Nawada Excise
P.S. Case No.36 of 2025 dated 19.01.2025 was registered under
Section 30(a) of the Bihar Prohibition and Excise Act, 2016
(hereinafter referred to as the ‘Act, 2016’) against one Pappu
Chaudhary (son of the petitioner) on account of recovery of 5 liters
of illicit country made liquor from one room situated in the
aforesaid house of the petitioner.
3. The learned counsel for the petitioner has submitted that
the petitioner has not been made an accused in the aforesaid
criminal case and moreover, the petitioner is not having any
connection with the illicit liquor seized from the room of the house
of the petitioner in question. It is also submitted that the petitioner
cannot be saddled with the liability of the act committed by his
son, inasmuch as he was neither having any knowledge about the
illicit liquor having been stacked by his son nor any material has
been brought forward on the records of the case to show the
complicity of the petitioner in the alleged occurrence. It is thus
submitted that the house in question be released in favor of the
petitioner and the confiscation proceedings be quashed.
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4. Per contra, the learned counsel for the respondent-State
has submitted that a raid was conducted in the house in question
and from one room of the said house five liters of illicit country
made liquor has been recovered, hence the room in question was
sealed, whereafter confiscation proceedings have been rightly
initiated. It is further submitted that the petitioner has not yet filed
any application for release of the premises in question upon
payment of penalty under Rule 12 A of the Bihar Prohibition and
Excise (Amendment) Rules, 2022, hence as and when the same is
filed, appropriate decision shall definitely be taken. Nonetheless,
at this juncture, upon a query being put to the learned counsel for
the respondents as to whether any proof has been brought on
record in the counter affidavit to show either the connivance or
direct/indirect involvement of the petitioner in the alleged
occurrence, the answer is in the negative.
5. We have heard the learned counsel for the parties and
perused the materials available on record from which it is apparent
that the present case arises out of Nawada Excise P.S. Case No.36
of 2025 dated 19.01.2025, which has been registered under Section
30(a) of the Act, 2016 against one Pappu Chaudhary (son of the
petitioner) on account of recovery of 5 liters of illicit country made
liquor form a room of the house in question. At this juncture, we
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would like to advert to the provisions contained in the amended
Act, 2016, Section 30, 56, 57B and 58 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 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
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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
(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.
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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 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
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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 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”.
6. 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.
7. 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 from his
possession nor the respondents have produced any material in the
counter affidavit to show either the involvement or connivance of
the petitioner in the alleged occurrence. Moreover, there is no
proof on record to show that either the petitioner was/is engaged in
the trade of illicit liquor or the house in question was used by the
petitioner to stack illicit liquor. Therefore, we find that the action
of the State authorities in sealing the premises in question and
initiating the 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 authority of law.
Thus, we are of the considered view that the Act, 2016 in no way
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authorizes the officials to seize the premises in question in the
facts and circumstances of the present case, hence the seizure and
the proceedings initiated for confiscation of the premises in
question is without any authority of law. Accordingly, we set aside
the confiscation proceedings initiated against the petitioner vide
Confiscation Case No. 15 of 2025, by the learned Court of
Additional District Magistrate, Nawada and direct for de-sealing
and release of the premises in question in favor of the petitioner
upon the State authorities being satisfied about the ownership of
the petitioner with regard to the premises in question, within a
period of two weeks on receipt/production of a copy of this order.
8. The writ petition stands allowed.
(Mohit Kumar Shah, J)
(Sunil Dutta Mishra, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.02.2026
Transmission Date NA
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