Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court set aside the impugned confiscation order as it was passed without proper notice and violated natural justice.
Summary
The petitioner, Sanjay Kumar, filed a writ petition seeking to quash the confiscation order dated 04‑02‑2025 passed by the Sub‑Divisional Magistrate, Gopalganj, which ordered his Scorpio vehicle to be auctioned. The vehicle, registered in Jharkhand, was reported stolen in November 2023 and later seized by an Excise team in August 2024 along with a large quantity of foreign liquor, leading to proceedings under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 and Section 317(6) of the Bhartiya Nyaya Sanhita. The petitioner argued that he was never served notice, that the ex‑parte confiscation violated natural justice, and relied on the judgment in Bittu Kumar Gupta v. State of Bihar which held that owners of stolen vehicles should not bear the penalty. The Court examined the record, noted the lack of proper notice and the fact that the owner’s name could not be ascertained, and concluded that the confiscation order was procedurally defective. Accordingly, the Court set aside the impugned order and directed the petitioner to approach the Confiscating Authority with a full application for a fresh consideration within two weeks.
Issues considered
- Whether the confiscation order passed ex‑parte without notice violates principles of natural justice.
- Whether the burden of proof for a stolen vehicle lies on the owner in confiscation proceedings under the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner is entitled to have the confiscation order quashed and the vehicle released pending a fresh application.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 317(6)
Subjects
- vehicle confiscation
- stolen vehicle
- natural justice
- ex‑parte order
- excise law
- prohibition act
- writ petition
- quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4512 of 2026
======================================================
Sanjay Kumar S/o Hari Lal Prasad, R/o Village- Ghorgahiya, P.O.- Nainpura,
P.S. Pachrukhi, District- Siwan.
... ... Petitioner
Versus
1. The State of Bihar through Secretary Excise and Prohibition Department
Gov. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Gopalganj, Bihar.
4. The Superintendent of Police, Gopalganj, Bihar.
5. The Superintendent of Excise, Gopalganj, Bihar.
6. The SHO, Kuchaikote P.S., Bihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
Mr. Rajnikant, Advocate
For the Respondent/s : Mr. Government Advocate (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 20-04-2026 Heard learned counsel for the petitioner and learned
GA-5 for the State of Bihar.
2. The present writ application has been filed for
quashing the order dated 04.02.2025 passed by the Sub-
Divisional Magistrate, Gopalganj in Confiscation Case No.
904/2024 whereby and whereunder the Scorpio bearing
Registration No. JH-01-BN-8011, Engine No. SJE4M20191 and
Chassis No. MA1TA2SJXF2A10765 belonging to the petitioner
has been confiscated and ordered to be auction sold.
Patna High Court CWJC No.4512 of 2026(2) dt.20-04-2026
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3. Mr. Ajay, learned GA-5 for the State has informed
that the vehicle has yet not been sold. This is on the basis of oral
instruction which he has received.
4. Learned counsel for the petitioner submits that the
Scorpio bearing the aforesaid registration number is a stolen
vehicle for which the petitioner had lodged a first information
report being Jagranathpur P.S. Case No. 506 of 2023. The
vehicle was stolen away on 04.11.2023 at 01:23 AM during the
night hour. The said vehicle was later on intercepted on
05.08.2024 at around 02:50 PM by an Excise Team in a routine
check up near NH-27 under Kateya Police Station. The Excise
Team recovered 397.440 litres of foreign liquor of Officer’s
Choice from the vehicle. It is for this reason a first information
report giving rise to Kuchaikot P.S. Case No. 337 of 2024 has
been registered for the offence under Section 30(a) of the Bihar
Prohibition and Excise Act, 2022 and Section 317(6) of the
Bhartiya Nyaya Sanhita on 05.08.2024.
5. Learned counsel submits with reference to the
judgment of this Court in the case of Bittu Kumar Gupta Vs.
State of Bihar in CWJC No. 13174 of 2025 that where the
theft case has been lodged by the petitioner and that has resulted
into submission of final form saying that the occurrence was
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true but no clue, the vehicle in question is required to be
released. This Court has on earlier occasions in several
judgments made it clear that in such cases, the vehicle owner
cannot be burdened with the penalty.
6. Learned counsel further submits that the petitioner
was not served with any notice, intimation or communication
whatsoever with regard to the alleged seizure of the vehicle and
he was never called upon to appear before the competent
authority. The confiscation proceeding is ex-parte and the
impugned order has been passed in violation of principles of
natural justice.
7. Mr. Ajay, learned GA-5 has submitted that in view
of the specific statements in the writ application, for the present,
this Court may set aside the impugned order of confiscation and
the petitioner may be given liberty to approach the Confiscating
Authority. On the petitioner filing an appropriate application
with the averments as have been made before this Court, the
Confiscating Authority may be directed to pass an appropriate
order within a stipulated period.
8. Having regard to the submissions recorded
hereinabove and the pleadings available on the record, this
Court is of the considered opinion that the vehicle in question
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being a stolen vehicle has been seized by the Excise Team and
thereafter confiscation proceeding has been initiated. The order
of confiscation (Annexure ‘P/5’) has been brought on record
from which this Court finds that the name of the owner of the
vehicle could not be made available by the District Transport
Officer, Gopalganj whereafter it is stated that notice was
published in the newspaper ‘Prabhat Khabar’ and ‘Aaj’ on
04.12.2024 and 06.12.2024 but no one could appear. It is
evident that the vehicle in question was registered in the State of
Jharkhand.
9. On the face of the materials present on the record,
we set aside the impugned order of confiscation.
10. The petitioner is at liberty to approach the District
Magistrate, Gopalganj/the Confiscating Authority i.e. the Sub-
Divisional Magistrate, Gopalganj in Excise Confiscation Case
No. 904 of 2024.
11. The petitioner may, if so advised, file an
appropriate application bringing the entire facts and
circumstances to the notice of the Confiscating Authority who
will consider the same and pass an appropriate order within two
weeks from the date of filing of the application. The petitioner
shall also disclose the fact as to whether he has taken the
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insurance value of the vehicle from the Insurance Company or
not.
12. It is made clear that the Confiscating Authority
shall take an appropriate view keeping in mind the judicial
pronouncements of this Court in the catena of judgments
applicable to the cases of the stolen vehicles. Petitioner shall not
be unnecessarily harassed if the investigation has not revealed
his involvement in the theft of the vehicle or in the
transportation of the liquor.
13. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
lekhi/-
U
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