Patna High Court
Birju Kumar Mahto @ Birju KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court permitted the petitioner to file an application under Rule 12B for release of the premises and stayed any auction of the property pending that application.
Summary
Petitioner Birju Kumar Mahto challenged the sealing of his residential premises, which also housed a warehouse, after the Excise Department seized 470 litres of cough syrup containing codeine. The seizure was made under Sections 30(a), 30(g), 32, 62 and 56(6) of the Bihar Prohibition and Excise Act, 2016, as amended. The petitioner sought clarification on whether codeine falls within the definition of intoxicants under the Act, to which the State responded that a 2016 notification treats codeine‑containing medicines as intoxicants. The Court granted the petitioner liberty to file an application under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022, for release of the premises on payment of a penalty, and ordered that the premises not be auctioned pending such application. The writ petition was consequently disposed.
Issues considered
- Whether codeine‑containing medicinal preparations are covered under the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner is entitled to release of the sealed premises on payment of penalty under Rule 12B of the 2022 Rules.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(g), 32, 56(6), 62
Subjects
- seizure
- codeine
- excise law
- prohibition act
- Rule 12B
- penalty
- release of premises
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8441 of 2025
======================================================
Birju Kumar Mahto @ Birju Kumar Son of Late Munni Mahto, R/o Village-
Chhoti Pahari, Sahara Road, Ward No. 56, P.S.- Bypass, District- Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of
Registration Prohibition and Excise Government of Bihar, Patna
2. The Collector cum District Magistrate, Patna
3. The Superintendent of Excise, Patna
4. The Superintendent of Police, Patna
5. The Inspector Prohibition Patna, SHO, Utapad Thana, Patna.
6. The SHO of Bypass Police Station, Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Avinash, Advocate
For the Respondents : Mr. Umesh Narayan Dubey, AC to GP-27
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 16-03-2026 Heard learned counsel for the petitioner and
learned counsel for the respondent State.
2. The present writ petition has been filed for de-
sealing the residential premises / house of the petitioner wherein
a warehouse is running, which has been sealed in connection
with Patna Excise P.S. Case No. 414 of 2025 dated 19.03.2025,
registered under Sections 30(a), 30(g), 32, 62 and 56(6) of the
Bihar Prohibition and Excise Act, 2016 (hereinafter referred to
as “Act, 2016”), as amended by the Amendment Act, 2022,
Patna High Court CWJC No.8441 of 2025(4) dt.16-03-2026
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against the petitioner and others on account of recovery of 470
litres of cough syrup containing Codeine narcotic substance.
3. We find that vide order dated 09.07.2025, a
query had been put to the respondents as to whether Codeine
substance is covered under the provisions of the Act, 2016. In
reply to the said query, the respondent State has filed a
supplementary counter-affidavit, wherein it has been mentioned
that a notification dated 18.10.2016 has been issued in exercise
of the powers conferred under Section 3 of the Act, 2016, by the
State Government, notifying that all medicines or medicinal
preparations containing ingredients of Codeine and
Dextropropoxyphene will be treated as intoxicants for the
purposes of the Act, 2016.
4. In view of the aforesaid, the learned counsel for
the petitioner seeks liberty on behalf of the petitioner to file
appropriate application under Rule 12B of the Bihar Prohibition
and Excise (Amendment) Rules, 2022 (hereinafter referred to as
“Rules, 2022”) for release of the premises in question on
payment of penalty. Liberty so sought is granted.
5. It is needless to state that in case appropriate
petition is filed by the petitioner under Rule 12B of the Rules,
2022, within a period of three weeks from today, the competent
Patna High Court CWJC No.8441 of 2025(4) dt.16-03-2026
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authority shall examine the same on merits and pass a reasoned
and a speaking order, in accordance with law within a period of
three weeks, thereafter.
6. It may not be out of the place to state that in case
the premises in question has not been auctioned, the same shall
not be auctioned till the disposal of the application filed by the
petitioner under Rule 12B of the Rules, 2022, if the same is filed
within a period of three weeks from today.
7. Accordingly, the present writ petition stands
disposed of.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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