Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file an application under Rule 12A and directed the competent authority to decide it on merits within three weeks and issue a speaking order within a further three weeks.
Summary
The petitioner, Pankaj Kumar, filed a writ petition seeking the release of a tempo seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of illicit liquor. The petition argued that the vehicle could be released upon payment of a penalty by filing an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023. The Court examined whether the petitioner was entitled to such liberty and whether the competent authority must act within a stipulated period. It held that the petitioner may file the required application within three weeks and that the authority must decide the application on merits and issue a reasoned order within another three weeks. Accordingly, the writ petition was disposed, directing the petitioner to proceed under Rule 12A and the authority to comply with the timeline.
Issues considered
- Whether the petitioner is entitled to liberty to file an application under Rule 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized tempo.
- Whether the court can direct the competent authority to consider the application and pass a reasoned order within a specified time.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- seizure
- excise law
- writ petition
- release of vehicle
- Rule 12A
- Bihar Prohibition and Excise Act
- penalty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3188 of 2026
======================================================
Pankaj Kumar Son of Narayan Sah, Resident of Village- Bhavdeva, P.O.
Bhavdeva, P.S. Simri Bakhtiyarpur, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The District Magistrate, Saharsa.
3. The Superintendent of Police, Saharsa.
4. The S.H.O., Excise Police Station, Saharsa, District- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyapal Singh, Advocate
For the Respondent/s : Government Pleader (14)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 16-03-2026 The present writ petition has been filed for release of
tempo bearing Registration No. BR19P4999, Chassis No.
MD2B19BXXSWL13121 and Engine No. AZXWSL79885,
which has been seized in connection with Saharsa Excise P.S.
Case No. 260 of 2025 dated 05.07.2025, registered under
Section 30(a) of the Bihar Prohibition and Excise Act, 2016 on
account of recovery of 150 litres of illicit country made liquor.
2. At the outset, the Ld. Counsel for the petitioner seeks
liberty on behalf of the petitioner to file appropriate application
under Rule 12A of the Bihar Prohibition and Excise
Patna High Court CWJC No.3188 of 2026(2) dt.16-03-2026
2/2
(Amendment) Rules, 2023 (hereinafter referred to as the ‘Rules,
2023’) for release of vehicle (tempo) on payment of penalty.
Liberty, so sought, is granted.
3. It is needless to state that in case appropriate application
is filed by the petitioner under Rule 12A of the Rules, 2023
within a period of three weeks from today, the competent
authority shall consider the same on merits and pass a reasoned
and a speaking order within a period of three weeks thereafter.
4. The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
S.Sb/-
U
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