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Patna High Court

Anita GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to pay the penalty, secure release of the seized vehicle, and to file an appeal against the confiscation order.

Summary

The petitioner, Anita Gupta, filed a writ petition seeking the release of a Mahindra/Bolero vehicle seized under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged possession of 420 litres of illicit codeine phosphate and triprolidine syrup. The petitioner argued that she had already received a notice to pay a penalty and that, under Rule 12(A)(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023, she should be allowed to pay the penalty and obtain the vehicle's release. She also requested liberty to challenge the confiscation order dated 21.2.2026 passed by the District Magistrate‑cum‑Collector, Saharsa, by filing an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. The High Court granted the petitioner liberty to pay the penalty and secure release of the vehicle and also permitted her to file the contemplated appeal. Consequently, the writ petition was disposed of on these terms.

Issues considered

  • Whether the petitioner is entitled to liberty to pay the penalty and obtain release of the seized vehicle under Rule 12(A)(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023.
  • Whether the petitioner may be granted liberty to appeal the confiscation order of 21.2.2026 under Section 92 of the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • vehicle seizure
  • prohibition and excise law
  • penalty payment
  • writ petition
  • appeal under Section 92
  • confiscation order
  • illicit drug seizure
  • release of seized property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2808 of 2026
                 ======================================================
                 Anita Gupta Wife of Sanjeev Kumar, resident of Mohalla-Jaiprabha Nagar
                 Kayasth Tola Ward No.-29, Saharsa, P.S.-Saharsa Sadar, District-Saharsa.
                                                                             ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Additional Chief Secretary Prohibition Excise
                  and Registration Department, Govt. of Bihar, Patna.
           2.    The Commissioner, Prohibition and Excise Department, Government of
                 Bihar, Patna.
           3.    The Commissioner Koshi Division, Saharsa.
           4.    The District Magistrate, Saharsa.
           5.    The Superintendent of Police, Saharsa.
           6.    The Assistant Commissioner Prohibition and Excise Department, Saharsa.
           7.    The Sub Inspector Saharsa Excise P.S., Saharsa.
           8.    The District Transport Officer, Saharsa.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Amarnath Jha, Adv.
                 For the State          :       Mr. Subash Prasad Singh, GA-3
                                                Mr. Indeshwari Prasad Mandal, AC to GA-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                   HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   23-03-2026                   The present writ petition has been filed for release of

                   Mahindra/Bolero/pick up van bearing Registration No. BR-11

                   GD-5720, Chassis No. MA1ZN2TNKL1L53703 and Engine

                   No. TNL1K64951, which has been seized in connection with

                   Saharsa (Prohibition & Excise) P.S.Case No. 258 /2025, dated

                   2.7.2025, registered under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018 on account of recovery of

                   420 liters of illicit Codeine Phosphate & Triprolidine cough
         Patna High Court CWJC No.2808 of 2026(3) dt.23-03-2026
                                                     2/2




                   syrup.

                   2.       At this juncture, the learned counsel for the petitioner

                   submits that the petitioner has already received a notice for

                   payment of penalty and release of the vehicle in terms of the

                   provisions contained in Rule 12(A)(2) of the Bihar Prohibition

                   and Excise (Amendment) Rules, 2023, hence the petitioner be

                   either granted liberty to pay the said amount of penalty and get

                   the vehicle in question released or challenge the same, by taking

                   recourse to the due process of law. Liberty so sought is granted.

                   3.       The learned counsel for the petitioner also submits that

                   the petitioner be granted liberty to challenge the order dated

                   21.2.2026, passed by the Ld. Court of District Magistrate-cum-

                   Collector, Saharsa in Confiscation Case No. 249 /2025, by filing

                   appropriate appeal under Section 92 of the Bihar Prohibition

                   and Excise Act, 2016, if so advised. Liberty, so sought, is also

                   granted.

                   4.       Accordingly, the present writ petition stands disposed off

                   on the aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                        ( Ramesh Chand Malviya, J)
Ajay/-
U


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