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Patna High Court

Mintu GowalaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that the Special Judge lacked jurisdiction under Section 60 and, exercising its extraordinary writ jurisdiction, directed the release of the seized tea.

Summary

Mintu Gowala, a manager of LSJ Biotech, filed a writ petition seeking the release of 2,233 boxes of DXNRG tea seized by police in a truck that also contained illicit liquor. The tea, worth about Rs. 20 lakh, was not required for investigation and is perishable. The Special Judge, Excise‑II, Darbhanga had dismissed the petition for release, relying on Section 60 of the Bihar Prohibition and Excise Act, 2016, claiming lack of jurisdiction over confiscation. The High Court held that the Special Judge indeed lacked jurisdiction and, invoking its extraordinary writ jurisdiction, directed the District Magistrate, the Senior Superintendent of Police, and the Officer‑in‑Charge to release the tea within a week without demanding any bond. The order was issued to prevent loss of value of the perishable goods and to provide an effective remedy where none existed.

Issues considered

  • Whether the Special Judge, Excise‑II, had jurisdiction to order confiscation of the seized tea under Section 60 of the Bihar Prohibition and Excise Act, 2016.
  • Whether the High Court can, under its extraordinary writ jurisdiction, direct the release of perishable goods seized but not required for investigation.

Legislation cited

Subjects

  • writ jurisdiction
  • confiscation
  • perishable goods
  • excise law
  • Section 60
  • release of seized goods
  • extraordinary jurisdiction
  • special court excise

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5024 of 2026
                 ======================================================
                 Mintu Gowala Son of Jagat Gowala, Resident of village- Gangapara, Sarupat
                 Gaon, Post- Ghoramari, Police Station- Sonitpur, District- Chariduar (Assam),
                 presently working as Manager, LSJ Biotech Pvt. Ltd., IGL, PIDC, Ghoramari,
                 Balipara, Assam- 784105.
                                                                                ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Registration, Excise and
                  Prohibition Department, Government of Bihar, Patna.
           2.    The District Magistrate-cum- Collector, Darbhanga.
           3.    The Senior Superintendent of Police, Darbhanga.
           4.    The Excise Superintendent, Darbhanga.
           5.    The Officer -in- charge, Simri Bazar Police Station, District- Darbhanga.
           6.     The Investigating Officer of Simri Bazar P.S. Case- No. 12 of 2026, Police
                  Station- Simri Bazar, District- Darbhanga.
                                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Nilendu Kumar Choudhary, Advocate
                                                 Mr. Kundan Sandilya, Advocate
                 For the State           :       Mrs. Deepika Sharma, AC to SC-15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   28-04-2026                   Heard learned counsel for the petitioner and learned

                   AC to SC-15 for the State of Bihar.

                                 2. The petitioner in this writ application is seeking the

                   following reliefs:-

                                      “For     issuance     of   appropriate    writ/writs,
                                      direction/directions, order/orders especially in the
                                      nature of certiorari for quashing the order dated
                                      25.02.2026 passed by the court of Special Court
                                      Excise-II, Darbhanga in Simri (Simri Bazar) P.S.
                                      Case No. 12 of 2026 which has been registered for
                                      offence under section 30(a) of the Bihar Prohibition
                                      and Excise Act-2022 (Amended), whereby and
Patna High Court CWJC No.5024 of 2026(2) dt.28-04-2026
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                             whereunder the petition for release of DXNRG Tea
                             total 2233 boxes so seized in the aforesaid case in
                             favour of the petitioner has been dismissed and
                             further to direct the Respondent authorities to
                             release the aforesaid goods i.e. DXNRG Tea total
                             2233 boxes in favour of the petitioner and/or for
                             any other relief or reliefs to which the petitioner
                             may be found entitled to in course of hearing of this
                             writ application.”


                      3. It appears on perusal of the writ application that

          the Simri (Simri Bazar) police intercepted a truck bearing

          Registration No. BR01GP5264. From the said truck, 42

          cartoons were seized in which Royal Stag liquor in several

          bottles were found. The petitioner is not concerned either with

          the truck or the seized liquors.

                      4. It is the case of the petitioner that 2233 boxes of tea

          manufactured by DXNRG Company were being transported in

          the same truck which have also been seized by police. The

          petitioner is presently working as Manager of LSG Biotech Pvt.

          Ltd., IGL, PIDC, Ghoramari, Balipara, Assam. It is this

          company which is said to have booked a consignment on

          28.01.2026 through the transporter DIPTAB Ventures Pvt. Ltd.

          The vehicle that was given for the purpose of transportation of

          tea boxes was BR01GP5264 which was a container.

                      5. It is stated that the consignment was booked from

          Assam and the same was to be delivered at DXN Marketing
Patna High Court CWJC No.5024 of 2026(2) dt.28-04-2026
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          India Pvt. Ltd., Patna, Shalimar Cold Storage, Gate No. 2,

          Ground Floor, Bypass Road, Anisabad. There were three types

          of goods in the said container and the goods were worth

          Rs.19,13,536/- and IGST for the same was Rs.95,676.80/-. The

          DXN Marketing India Pvt. Ltd. was supposed to pay

          Rs.20,09,213/- for the said goods. The e-way bill was generated

          having e-way bill no. 831636153293 with the given distance of

          1010 km.

                      6. Learned counsel for the petitioner submits that

          neither the consigner nor the consignee of the tea has any stake

          either in the truck or in the illicit liquors, however, the tea worth

          Rs.20 Lakhs approximately are loosing their worth as those are

          lying in the police station.

                      7. Learned counsel for the petitioner submits that on

          legal advice, the petitioner had moved before the court of

          learned Special Judge, Excise-II, Darbhanga for release of the

          goods (tea). A report was called for from police and according to

          the said report, the seized article (2223 boxes of DXNRG tea)

          have not been sent for confiscation and those articles are not

          required for investigation. The learned Special Judge has,

          however, rejected the application for release of the goods on the

          ground that by virtue of Section 60 of the Bihar Prohibition and
Patna High Court CWJC No.5024 of 2026(2) dt.28-04-2026
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          Excise Act, 2016, the Special Judge would have no jurisdiction

          in the matter of confiscation.

                      8. In such circumstance, the petitioner has approached

          this Court as there is no equally efficacious and alternative

          remedy available to the petitioner.

                      9. Learned AC to SC-15 for the State does not dispute

          the contention of the petitioner that the petitioner is not looking

          for release of the truck or the illicit liquor. The petitioner is only

          concerned with the boxes of tea which have not been sent for

          confiscation and are not required for purpose of investigation of

          the case.

                      10.     Having      regard         to   the   entire   facts   and

          circumstances of the case, considering the perishable nature of

          the goods (tea) which is likely to get expired within few months

          only, we are of the considered opinion that this Court may

          exercise its extraordinary writ jurisdiction to direct the

          competent authority/respondents to release the tea boxes in

          favour of the consigner or consignee, as the case may be.

                      11. Accordingly, we direct the District Magistrate-

          cum-Collector, Darbhanga (Respondent No.2), the Senior

          Superintendent of Police, Darbhanga (Respondent No.3), and

          the Officer-in-Charge, Simri Bazar Police Station, Darbhanga
          Patna High Court CWJC No.5024 of 2026(2) dt.28-04-2026
                                                      5/5




                    (Respondent No. 5) to act in tandem with each other and ensure

                    release of the tea boxes (2233 boxes of tea) which have been

                    seized in connection with Simri (Simri Bazar) P.S. Case No. 12

                    of 2026 within one week from the date of production of a copy

                    of this order.

                                12. Since the tea boxes are not required for purpose of

                    investigation, the respondents shall not insist for any bond or

                    security from the consigner or the consignee, as the case may

                    be. The Officer-in-Chare, Simri Bazar Police Station, District-

                    Darbhanga may look into the documents of consignment for

                    purpose of release of the goods within the given period but he

                    shall not impose any condition from his own side creating any

                    hurdle in the matter of release of the tea.

                                13. This writ application stands allowed to the extent

                    indicated hereinabove.

                                14. Let this order be communicated to Respondent

                    Nos. 2, 3 and 5 immediately.



                                         (Rajeev Ranjan Prasad, J)


                                              (Soni Shrivastava, J)
lekhi/-

U


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