[Bihar Prohibition & Excise Act 2016] Improper To Auction Vehicle Just Because Meagre Quantity Of Liquor Was Recovered From It: High Court
The Patna High Court on Thursday (Sep. 26) called the action of the confiscating authority to auction the vehicle, just because a meager quantity of 1 litre country-made liquor was recovered from the vehicle, as harsh and unjustifiable.
“it is crystal clear that there is recovery of a meager quantity of 1 liter of country made liquor and the vehicle has been auctioned at Rs. 3,25,000/- which is totally disproportionate to the offence committed and conscious of this Court does not allow to impose harsh penalty for recovery of meager quantity of 1 liter country made liquor.”, the bench comprising Justices PB Bajanthri and Alok Kumar Pandey said.
Also, the court objected to the imposition of a fine amounting to Rs. 1,01,927/- against the said recovery of liquor from the auctioned vehicle which was deducted from the value of the auctioning sale i.e., Rs. 3,25,000/-.
“Such disproportionate fine should not be allowed to impose. Imposition of fine also does not commensurate with the offence committed regarding recovery of 1 litre country made liquor.”, the court said.
In this case, there was an alleged recovery of 1 litre of country-made liquor from the vehicle. Based on the described fact, F.I.R. was registered under sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The petitioner submitted that the entire auction process culminated without giving proper notice to the petitioner, and thereby, the respondent authority has violated the cardinal principle of natural justice.
Further, the petitioner protested against the deduction of the fine amount of Rs. 1,01,927/- from the auction sale amount.
Finding merit in the petitioner's petition, the court said that the impugned decision passed by the Appellate authority can't be sustained and deserved to be set aside.
The Court reduced the fine amount to a sum of Rs. 10,000/- upon noting that for recovery of such a meager quantity of 1 liter country-made liquor, imposition of a fine of Rs. 1,01,927/- is on the higher side and too harsh.
Thus, the court ordered the respondent authorities to release the auction money amounting to Rs. 3,25,000/- in favor of the petitioner within six weeks from the date of the deposit of Rs. 10,000/- towards the fine.
Appearance :
For the Petitioner/s : Mr.Kumar Harshvardha, Adv.
For the Respondent/s : Mr.Alok Ranjan, AC to AAG 5
Case Title: Anita Devi Versus The State of Bihar & Ors., Civil Writ Jurisdiction Case No.12055 of 2024
Citation: 2024 LiveLaw (Pat) 71