'Court Flooded With Petitions Due To Non-Initiation Of Confiscation Proceedings Under Bihar Prohibition Act': Patna HC Issues Directions For Expeditious Disposal

The Patna High Court on Thursday issues directions for expeditious conclusion of confiscation proceedings under the Bihar Prohibition and Excise Act, 2016.

A division bench comprising of Chief Justice Sanjay Karol and Justice Sanjay Kumar observed that the Court is "flooded with several petitions solely on account of non-initiation of such proceedings of confiscation or passing of illegal orders with respect thereto. Also, on account of lack of parties pursing the remedies so provided under the Act."

The Bihar Prohibition and Excise Act, 2016 prohibits the manufacture, storage, distribution, transportation, possession, sale, purchase and consumption of any intoxicant or liquor, unless so allowed in terms of the Act.

While sec. 56 of the Act lays down the procedure for confiscation of "things" used for in the commission of such an offence, sec. 58 gives power to District Collector/Authorized officer to issue an order of confiscation.

"It is seen that till date, in large number of cases, position about conclusion of the proceedings, be it under Section 58, 92 or 93 remains the same," the Court said.

Directions passed by the High Court

- All proceedings under Section 58 must positively be initiated/concluded within a period of ninety days from the date of appearance of the parties.

- Appeal/Revision, if any, be also decided within a period of thirty days from the date of initiation, failing which the "things" (vehicle/property/ etc.) shall be deemed to have been released in terms of several orders passed by this Court.

- Wherever confiscatory proceedings stand concluded and parties could not file the appeal/revision within the statutory period of limitation, as already stands directed in several matters, if they were to initiate such proceedings within next thirty days, the plea of limitation would not come in their way of adjudication of such proceedings on merit.

Issuing the said directions, the Court ordered thus:

"We only hope and expect that the Authorities under the Act shall take appropriate action at the earliest and in accordance with law, within the time schedule fixed, failing which the vehicle/property/things liable for confiscation shall be deemed to have been released without any further reference to this Court."

Case Title: Abhishek Kumar v. State of Bihar through the Excise Commissioner, Bihar, Patna & Ors.

Click Here To Read Order