Patna High Court imposes ₹25,000 on the State for illegal seizure of vehicle in a Excise case from Gopalganj

The petitioner's counsel submitted that in the seizure memo, there is no recovery of liquor. In the absence of such recovery of liquor, initiation of proceedings for Excise offence and the seizure of the vehicle for the offences under the Excise Act is not warranted. 

The counsel for the respondents, namely, the State of Bihar, through Secretary Excise and Prohibition Department Gov. of Bihar, Patna, the Excise Commissioner, Bihar, Patna, the District Magistrate, Gopalganj, the Superintendent of Police, Gopalganj,the Superintendent of Excise, Gopalganj and the SHO, Gopalganj Police Station, Gopalganj did not dispute the submission of the petitioner's counsel who sought release the seized vehicle which was seized by the State officials under Section 47/52 of the Bihar Prohibition and Excise Amendment Act, 2018 and Section 317(5) of Bhartiya Nyaya Sanhita. 

In Niyati Ghosh Mandal vs. The State of Bihar, Patna High Court's division bench of Justices P.B. Bajanthri and S.B. Pd. Singh has "directed to release the subject matter of vehicle forthwith to the respective owner of the vehicle after due production of documents of the vehicle. For seizure of vehicle without reasons and registration of Excise offence and compelling the petitioner to approach this Court in filing writ petition." The Court observed: "the petitioner is entitled to litigation cost and it is quantified at Rs. 25,000/-. Cost shall be paid to the petitioner within a period of eight weeks from the date of receipt of this order." Justice Bajanthri authored the judgement dated December 13, 2024.

The Court concluded:"he concerned authority/disciplinary authority is permitted to initiate departmental inquiry against such of those erring officials, who are involved in illegal seizure of the vehicle. Such inquiry shall be initiated and completed and recovery of cost shall be taken care of in the disciplinary proceedings so as to not to burden the State exchequer.Disciplinary proceedings shall be completed within a period of 06 months from the date of receipt of this order.".