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Patna High Court

Arvind KumarversusThe State of Bihar, through the Principal Secretary,

Decided
Disposal
DISPOSED

Holding

The Court held that mandamus cannot be granted and the petitioner must seek release of the seized items either before the Special Excise Judge or the Collector, depending on whether a confiscation proceeding is pending.

Summary

Arvind Kumar, proprietor of Maa Durga Pent Plastic, filed a writ petition seeking a mandamus directing the State authorities to release 2,200 litres of spirit/mineral oil and a mobile phone seized under Sections 30(a) and 33 of the Bihar Prohibition and Excise Act, 2018. The petitioner submitted a chemical examination report showing the seized substance contained 0.0% ethyl alcohol, arguing that the seizure was unlawful and the material was for legitimate business purposes. The Court examined whether the seizure was justified in view of the scientific report and whether mandamus could be issued. It observed that if no confiscation proceeding is pending, the petitioner must approach the Special Excise Judge, whereas if a proceeding is pending, the petitioner may apply to the Collector for release within a month. Relying on the recent judgment in Zast logisolutions v. State of Bihar, the Court declined to grant mandamus and disposed of the writ application. The order directs the petitioner to pursue the appropriate administrative remedy.

Issues considered

  • Whether seizure of the substance under Sections 30(a) and 33 of the Bihar Prohibition and Excise Act, 2018 is lawful when the material contains no ethyl alcohol.
  • Whether the petitioner is entitled to a writ of mandamus for the immediate release of the seized items.
  • Whether the existence of a pending confiscation proceeding determines the appropriate forum for relief.

Legislation cited

Subjects

  • mandamus
  • seizure
  • Bihar Prohibition and Excise Act
  • confiscation proceeding
  • chemical analysis
  • writ jurisdiction
  • excise law
  • administrative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5593 of 2026
                 ======================================================
                 Arvind Kumar Son of Ramshlok Singh, Resident of Village - Baratpur, P.S. -
                 Didarganj, District- Patna.

                                                                               ... ... Petitioner
                                                   Versus
           1.    The State of Bihar, through the Principal Secretary, Prohibition, Excise and
                 Registration Department, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Prohibition, Excise and Registration Department,
                 Govt. of Bihar, Patna.
           3.    The District Magistrate, District- Saran at Chapra.
           4.    The Additional District Magistrate (Excise) Saran at Chapra.
           5.    The Senior Superintendent of Police, District- Saran at Chapra.
           6.    The Officer In - Charge, Khaira (Nagara) Police Station, District- Saran at
                 Chapra.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Nitish Kumar, Advocate
                 For the State            :      Mr. Government Pleader (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   09-07-2026                        Heard learned counsel for the petitioner and the

                   State.

                                2. Petitioner is seeking a writ in the nature of

                   Mandamus,           commanding      the    Respondents,       particularly,

                   Respondent No.3 to forthwith release 2200 liters of spirit/

                   mineral oil (11 drums) and the mobile phone bearing IMEI No.

                   868508058892132 of the petitioner seized in connection with

                   Khaira (Nagara) P.S. Case No. 287 of 2023 dated 03.08.2023,
Patna High Court CWJC No.5593 of 2026(2) dt.09-07-2026
                                            2/3




          registered under Sections 30(a) and 33 of the Bihar Prohibition

          and Excise Act, 2018.

                      3. In course of hearing of the petition, learned counsel

          for the petitioner has informed that the chemical examination

          report of the spirit has conclusively established that the seized

          substance contains 0.0% ethyl alcohol. The petitioner is the

          proprietor of “Maa Durga Pent Plastic” and the said material

          was lawfully ordered and stored for bona fide business purposes

          and not for any unlawful activity. Despite the scientific report

          clearly negating the presence of alcohol and the applicability of

          Bihar Prohibition and Excise Act, the respondent authorities

          proceeded to seize the said material and personal belongings of

          the petitioner.

                      4. In the nature of the relief prayed for, without going

          into the merit of the contentions, this Court records that, in case,

          no confiscation proceeding is pending with the Collector/

          authorised officer for confiscation of the articles in question, it

          will be open to the petitioner to file an appropriate application in

          the Court of Exclusive Special Excise Judge, Saran at Chapra.

          This, we are saying, in view of the recent judgment of this Court

          in the case of Zast logisolutions vs state of Bihar & Ors.

          reported in 2026(4) BLJ 424.
            Patna High Court CWJC No.5593 of 2026(2) dt.09-07-2026
                                                        3/3




                                  5. In case, any confiscation proceeding is pending

                      before the Collector/ authorised officer, the petitioner may file

                      an appropriate application for release of the spirit as well as all

                      other articles which will be considered and an appropriate order

                      thereon shall be passed by the Collector/ authorized officer

                      within a period of one month from the date of filing of the

                      application.

                                  6. It is open to the petitioner to place legal provisions

                      and judicial pronouncements on the subject before the learned

                      Court/ competent authority, as the case may be.

                                  7.    This     writ    application    stands   disposed   of

                      accordingly.



                                                              (Rajeev Ranjan Prasad, J)


                                                                 (Kumar Manish, J)
ritwika/-

U


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