Patna High Court
Md. Mehebub Alam QuraishiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The vehicle shall be released upon payment of a Rs 2,500 penalty.
Summary
Petitioner Md. Mehebub Alam Quraishi filed a writ petition seeking release of his four‑wheel vehicle seized by Buxar Excise Police for allegedly transporting 100 ml of illicit liquor, invoking Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018/2022. The State argued that confiscation proceedings were pending but conceded the quantity was minimal and no evidence of regular use existed. The Court examined Rule 12A(2) of the 2023 Rules and Rule 12A(4) of the 2022 Rules, which require consideration of the intoxicant quantity, the owner’s involvement, and economic status when fixing a penalty. Relying on a prior decision (Rakesh Kumar Singh v. State of Bihar, CWJC No.14928/2025) that a 75% insured‑value penalty would be excessive in such circumstances, the Court ordered release of the vehicle upon payment of a Rs 2,500 penalty. The petitioner was directed to deposit the amount and produce ownership documents within three weeks, after which the vehicle would be released.
Issues considered
- The appropriate penalty for release of a vehicle seized for a small quantity of illicit liquor under Rule 12A.
- Whether the petitioner’s vehicle can be released without further confiscation proceedings given the minimal quantity and lack of evidence of regular transport.
- Interpretation of Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act in relation to vehicle seizure.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 57B, 58, 92, 93
Subjects
- vehicle seizure
- illicit liquor
- penalty assessment
- Rule 12A
- Bihar Prohibition and Excise Act
- writ petition
- Article 226
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 2433 of 2026
======================================================
Md. Mehebub Alam Quraishi S/o Md. Tariph Quraishi, R/o Vill.-27/B, Bazar
Bye Lane Serampore, Vihar, P.S.-Serampore, Dist.-Hooghly, West Bengal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise and Prohibition,
Govt. of Bihar, Patna.
2. The Director General of Police, Govt. of Bihar, Patna.
3. The Excise Commissioner of Bihar, Patna.
4. The District Magistrate cum Collector, Buxar.
5. The Superintendent of Police, Buxar.
6. The Superintendent of Excise, Buxar.
7. The S.H.O. Buxar Excise Police Station, Dist.-Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date: 16-03-2026
The learned counsel for the respondents/State seeks to file
a counter affidavit, copy whereof has already been filed online.
Let the same be kept on record.
02. The present writ petition has been filed for directing the
respondents to release the four-wheeler Creta Car of the
petitioner bearing Registration No. WB18AE5654, Engine No.
Patna High Court CWJC No.2433 of 2026 dt.16-03-2026
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G4FLLV082770, Chasis No. MALPB812LLM 079781 in
favour of the petitioner, which has been seized in connection
with Buxar Excise P.S. Case No. 422 of 2025 dated 11.10.2025,
registered under Section 30(a) and 37 of the Bihar Prohibition
and Excise (Amendment) Act, 2018 and 2022 against the
petitioner and one another person on account of recovery of 100
ml illicit liquor from the car in question apart from the fact that
the said two persons were also found in an inebriated condition.
03. The learned counsel for the petitioner submits that meager
quantity of 100 ml illicit liquor has been recovered from the
vehicle in question apart from the fact that there is no material
on record to suggest that the vehicle in question was being used
regularly to transport illicit liquor, hence it is submitted that a
lenient view of the matter be taken and the vehicle in question
be released upon payment of reasonable fine.
04. Per contra, the learned counsel for the respondents/State
has though submitted that now confiscation proceedings have
been initiated by the learned Court of Deputy Collector, Land
Reforms, Buxar Sadar vide Confiscation Case No. 74 of 2025
however, he has not been able to deny the fact that the quantity
of liquor recovered from the vehicle in question is meager and
that there is no material on record to show that the said vehicle
Patna High Court CWJC No.2433 of 2026 dt.16-03-2026
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was being used regularly for transporting illicit liquor, much less
the petitioner being involved in cases of similar nature.
05. We have heard the learned counsel for the parties. At this
juncture, we would like to reproduce Rule 12A (2) of the Rules,
2023 herein below:-
“Rule 12A (Release of Vehicles, Conveyance etc. on
Payment of Penalty):-
"(2) The amount of penalty shall be as decided by the
Collector or the Officer authorized by him. While
imposing the penalty, he shall have due regard to the
quantity of intoxicant recovered, involvement of the
vehicle owner and the latest insurance value of the
vehicle. In no case, the penalty should be less than 10%
of the insured value of the vehicle and more than Rs. 5
lakhs. The insured value is the value of the vehicle as
assessed by the insurance company. Where, the insured
value is not available or the Collector or the Officer
authorized by him has reason to believe that the vehicle is
undervalued, he shall get the valuation done by the
District Transport Officer. In any case, the Collector
shall not wait beyond 15 days from the date of seizure
and if during this period, the accused/owner does not pay
up the penalty, he shall proceed with the confiscation/
auction."
06. A bare perusal of Rule 12A(2) of the Rules, 2023 would
show that while imposing penalty, the quantity of intoxicant
recovered is also required to be considered. Nonetheless, at this
juncture we would like to refer to an order dated 26.11.2025,
passed by a coordinate Bench of this Court in CWJC No.14928
of 2025 (Rakesh Kumar Singh vs. the State of Bihar & Ors),
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wherein it has been held as under:-
"In absence of any specific ground that the vehicle was in
regular use for transportation of liquors or that the
owner of the vehicle was found involved in transportation
of the liquors and/or there are multiple cases of similar
nature against the owner or the vehicle, imposition of the
penalty to the extent of 75 per cent of the insured value is
an onerous condition and it amounts to virtually creating
a situation where huge hardship may be caused to an
owner of the vehicle in getting release of the vehicle."
07. Yet another aspect of the matter is that Rule 12A(4) of the
Bihar Prohibition and Excise (Amendment) Rules, 2022
provides that while imposing fine, 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 and the
quantum of intoxicant recovered.
08. Having considered the facts and circumstances of the case
as also taking into account the fact that meager quantity of 100
ml illicit liquor has been recovered and no material has been
brought in the counter affidavit filed by the respondents to show
that either the petitioner/his vehicle was regularly involved in
transportation of illicit liquor or the petitioner is involved in
multiple cases of similar nature, which are also the factors
required to be considered while imposing penalty for release of
the vehicle, as has been provided under Rule 12A(2) of the
Rules, 2023 and Rule 12A(4) of the Rules, 2022, we are of the
Patna High Court CWJC No.2433 of 2026 dt.16-03-2026
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view that it would be in the interest of justice and equitable, if
the vehicle in question is directed to be released upon payment
of penalty of a sum of Rs. 2,500/-.
09. At this juncture, the learned counsel for the petitioner
submits that the petitioner would be depositing a sum of
Rs.2,500/- within a period of three weeks from today and shall
make available the documents of ownership of the vehicle in
question before the competent authority.
10. In such view of the matter, we direct that in case the
aforesaid sum of Rs. 2,500/- is deposited before the competent
authority within a period of three weeks from today, the vehicle
in question shall be released in favour of the petitioner, after
being satisfied with the documents relating to the ownership of
the vehicle in question, within a period of one week, thereafter.
11. It is needless to state that the present order has been
passed by us while invoking the extraordinary jurisdiction under
Article 226 of the Constitution of India for the reason that
unnecessarily the petitioner shall be liable to be subjected to
various proceedings like the one under Rule 12A of the Rules,
2023, Section 57B, 58, 92 and 93 of the Bihar Prohibition and
Excise Act, 2016, as amended upto date, for a meager recovery
of 100 ml illicit liquor, as also with a view to avoid and prevent
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multiplicity of proceedings, in the interest of justice.
12. Accordingly, the present writ petition stands disposed of
on the aforesaid terms.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.03.2026
Transmission Date N/A
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