PATNA, India, July 23 -- Patna High Court issued the following judgment on July 11:
None appears on behalf of the petitioners, however learned counsel for the respondents is present.
2. In the instant petition, petitioners have prayed for the following relief(s):-
"i) That this present writ application for issuance of appropriate writ(s) order(s) or direction(s) for quashing of the order dated 16/05/2023 passed in Excise Confiscation Case No-106/2023 by which the house/land Situated on an area 0.31 Dismals bearing Khata No. 27 Khesera No.- 430, Mauza Bance Thana No,-221 District Rohtas has confiscated. The house/land of the petitioners without giving any opportunity of hearing to the petitioners since 11 liters country made liquor has been seized near the boundary of One Deepak Sah, the accused in the Sasaram(M) P.S. Case No. 611/2022 dated 11.12.2022 for the offence U/S 30(a) of Prohibition and Excise Act 2016.
3. Briefly stated the facts of the case is that there is alleged recovery of 11 litres of illicit liquor from the house of the petitioners. On the basis of aforesaid fact, Sasaram (M) P.S. Case No. 611 of 2022 dated 11.12.2022 was registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
4. From the petition, it appears that alleged house has been partitioned equally among the four sons of Late Chandrika Sah as gynecological table dated 29.04.2024 has been brought on record as Annexure-P/1. The alleged illicit liquor has been seized from the boundary of the house and petitioners have no concern with the seized illicit liquor. The seizure list has been made without following the rule of search. The proceeding has been initiated against the entire house without considering the fact that the house has been partitioned among four sons of late Chandrika Sah. The Circle Officer, Sasaram has not visited and verified the status of the house in question and submitted the report which does not reveal the fact that the land measuring an area of 0.31 decimal of Mauza Bansa Thana No. 231, Khata No. 27, Khesera No. 490 have been partitioned in four equal shares among the share holders and on the basis of the report submitted by the Circle Officer, Sasaram, the District Magistrate-cum-Confiscating Officer, Rohtas at Sasaram has passed the impugned order dated 16.05.2023 in Confiscation (Excise) Case No. 106 of 2023 by confiscating the house of the petitioners. Moreover, the recovery of illicit liquor is only 11 litres which is a meager amount and not come within the purview of commercial quantity.
5. Learned counsel for the respondents submits that recovery of illicit liquor was made from the house of the petitioners. The petitioners were properly noticed in Confiscation (Excise) Case no. 106 of 2023 and the respondent authority was justified in taking action under the provisions of the Excise Act. The petitioners have alternative remedy to get the house unsealed after making payment of penalty in terms of Rule 12(B) of the Bihar Prohibition & Excise Rules, 2021.
6. From perusal of the record, it has transpired that alleged recovery of 11 litres of illicit liquor has been made from the boundary of the house of the petitioners. The alleged recovery has not been made from the conscious possession of any family members of the petitioners. The alleged house is not owned by the petitioners only, rather it has been equally partitioned among four persons including the petitioners.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTY0NiMyMDI1IzEjTg==-rN1kYPSl--am1--xM=
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