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
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(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/-
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