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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 33
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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