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Patna High Court

Vishal DhilloversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the vehicle cannot be released by mandamus because the petitioner was aware of the liquor and the earlier judgments are distinguishable.

Summary

The petitioner, Vishal Dhillo, sought a writ of mandamus for the release of his vehicle seized by Excise officials after 2.7 litres of foreign liquor was found inside, despite his presence in the vehicle at the time of seizure. He relied on earlier Patna High Court decisions (Satvinder Singh Bedi and Chmeli Singh) where vehicles were released because only a small quantity of liquor was recovered and the owners claimed lack of knowledge. The State argued that the present facts differed, emphasizing that the petitioner was aware of the liquor and therefore could not be treated as an innocent owner. The Court distinguished the earlier cases, noting that in those, the owners denied knowledge of the liquor, unlike the present petitioner. Consequently, the Court dismissed the writ application, directing the petitioner to file an application under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 for release upon payment of the prescribed penalty.

Issues considered

  • Whether a writ of mandamus can be issued to release a vehicle seized under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 when the owner was aware of the liquor present.
  • Whether the precedents of Satvinder Singh Bedi and Chmeli Singh are applicable to the present facts.
  • Whether the petitioner must seek release of the vehicle by filing an application under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 and paying the penalty.

Subjects

  • vehicle seizure
  • excise law
  • mandamus
  • small quantity liquor
  • penalty
  • Rule 12(A)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4535 of 2026
                 ======================================================
                 Vishal Dhillo, S/o Kanwar Singh Dhillo, R/o House No. 311, Near DPG
                 College, NKV Residency, Sector 72 A, Narsinghpur, Gurgaon, Haryana
                 (122004).                                                ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through Secretary Excise and Prohibition Department,
                  Govt. 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. Gopalganj, Bihar.
                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Ms. Anamika Anshu, Advocate
                 For the State             :      Ms. Vagisha Pragya Vacaknavi, AC to SC-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   22-04-2026                        Heard learned counsel for the petitioner and learned

                   AC to SC-9 for the State of Bihar.

                                2. This is an application seeking the following reliefs:-

                                           “(i) For issuance of a writ of Mandamus or
                                           any   other    appropriate     order/     orders,
                                           direction/    directions      directing      the
                                           respondents to release the vehicle of the
                                           petitioner    which     is   Baleno       having
                                           Registration No. HR-26-FG-5244, Engine
                                           No.- K12NP4393006 and Chassis No.
                                           MBHHWB13SM642629 which has been
                                           seized by the State officials under the
                                           Kuchaikote P.S. Case No. 544/2025 u/s
Patna High Court CWJC No.4535 of 2026(2) dt.22-04-2026
                                            2/4




                                30(a) of the Bihar Prohibition and Excise
                                (Amendment) Act, 2016;
                                (ii) For direction may be given for disposal
                                of present case in light of the Hon’ble Patna
                                High Court’s decision in Chmeli Singh v.
                                The State of Bihar and Ors. (CWJC No.
                                7361 of 2025) case.
                                (iii) For any other order/ orders, relief/
                                reliefs for which the petitioner may be
                                entitled in the eyes of law.”



                      3. Learned counsel for the petitioner submits that the

          vehicle belongs to the petitioner and the petitioner was very much

          present in the vehicle when it was intercepted by the Excise Team

          and from the vehicle, 2.700 liters of foreign liquor was recovered.

                      4. Learned counsel has heavily relied upon the judgment

          of this Court in the case of Satvinder Singh Bedi vs. The State of

          Bihar and Others (CWJC No. 1069 of 2025) in which learned

          Co-ordinate Bench has been pleased to direct release of the truck

          in question on finding that only 750ml of liquor was found under

          the driver’s seat of the vehicle. Learned counsel has also relied

          upon another judgment of this Court in the case of Chmeli Singh

          vs. The State of Bihar and Others (CWJC No. 7361 of 2025)

          wherein also this Court has granted release of the vehicle after

          noticing recovery of a meager quantity of the liquor.

                      5. On the other hand, learned AC to SC-9 for the State
Patna High Court CWJC No.4535 of 2026(2) dt.22-04-2026
                                            3/4




          submits that the judgments relied by learned counsel for the

          petitioner would not serve the purpose in the present case as the

          facts of the present case are entirely different. Learned counsel

          points out that in the present case, it is an admitted position that

          the petitioner is the owner of the vehicle, he was himself present in

          the vehicle when the same was intercepted by the Excise Team. It

          is not the case of the petitioner that he was not aware of the liquor

          kept in the vehicle. If it is so, then by no stretch of imagination,

          this Court may tweak the legal provisions so as to take a view that

          the vehicle be released without paying penalty.

                      6. We would fully agree with the submissions of learned

          AC to SC-9. Decision of a case depends on the facts of the said

          case.

                      7. In the present case, the facts are crystal clear. The

          petitioner being the owner of the vehicle was himself present in

          the vehicle and it is not his case that he was not aware of the liquor

          kept in the vehicle. The only ground stated before this Court is that

          the quantity of liquor is meager quantity, therefore, a similar view

          be taken as has been taken in the case of Satvinder Singh Bedi

          (supra) and Chmeli Singh (supra).

                      8. We regret to accept the submissions of learned

          counsel for the petitioner. In the case of Satvinder Singh Bedi

          (supra), 750ml of liquor was recovered under the driver’s seat and
        Patna High Court CWJC No.4535 of 2026(2) dt.22-04-2026
                                                    4/4




                  it was contended by the owner of the vehicle that he was not aware

                  of the fact that the driver was carrying any liquor. In the case of

                  Chmeli Singh (supra) also it was contended by the owner of the

                  vehicle that the vehicle was misused by her fellow villagers who

                  had borrowed it on the pretext of going to a marriage. These

                  judgments are clearly distinguished.

                              9. In result, we find no merit in the writ application.

                              10. Needless to say that the order of this Court would

                  not come in the way of the petitioner in filing of an appropriate

                  application in terms of Rule 12(A) of the Bihar Prohibition and

                  Excise Rules, 2021 (as amended up-to-date) before the

                  Confiscating Authority for release of the vehicle in question on

                  payment of penalty. If any such application is filed within one

                  month from today, the same will be considered by the Confiscating

                  Authority and an appropriate order shall be passed within two

                  weeks from the date of filing of the said application.

                              11. This application is disposed of accordingly.


                                       (Rajeev Ranjan Prasad, J)


                                            ( Soni Shrivastava, J)
SUSHMA2/-
U


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