The High Court of Patna observed that the provisions of the Bihar Prohibition and Excise Act, 2016 provides that a premises can be seized and even confiscated and auctioned merely upon its involvement in any offence under the Act. This is indeed a draconian provision and so it must be used with complete circumspection.

The Bench of Acting Chief Justice P.B. Bajanthri and Justice S.B. PD Singh observed, “ From bare reading of the aforesaid provisions, it seems that whenever offence punishable under this Act has been committed, any premises or part thereof used for committing any offence might be seized/confiscated and released upon penalty. It leaves no doubt that a premises can be seized and even confiscated and auctioned merely upon its involvement in any offence under the Act. This is indeed a draconian provision and so it must be used with complete circumspection. The existing provisions of the Act gives unfettered and unguided and arbitrary powers to the authorities.”

Advocate Shekhar Kumar Singh represented the Petitioner.

Case Brief

The Prosecution’s case was that the police party was stationed for routine checking and inspection of vehicles. On conducting search of the tempo on the spot, the police discovered a blue-coloured plastic jar (jurkin) wrapped in a bed sheet, concealed beneath the backseat. A strong odor was emanating from the jar and it was disclosed that the liquid in the jar was spirit and that he had been transporting it to a local liquor businessman.

Further, the police raided a property in which they discovered a large quantity of plastic jars containing homeopathic medicines and raw materials used in their preparation.

While the Petitioner contended that from the bare perusal of the FIR, it was evident from the name of the petitioner transpired in the case only for the reason that he was the owner of the said building from where the alleged recovery has been made. It was also submitted that the Petitioner had given the said house on rent much prior to the alleged incident.

Court’s Observation

The High Court referred to Section 30 of the Bihar Prohibition and Excise Act, 2016 which provides for the penalty for unlawful manufacture, import, export, transport, possession, sale, purchase, distribution, etc. of any intoxicant or liquor.

The Court opined that whenever offence punishable under the Bihar Prohibition and Excise Act, 2016 has been committed, any premises or part thereof used for committing any offence might be seized/confiscated and released upon penalty.

“It leaves no doubt that a premises can be seized and even confiscated and auctioned merely upon its involvement in any offence under the Act. This is indeed a draconian provision and so it must be used with complete circumspection. ”, the Court said.

The Court raised concern over the fact that the existing provisions of the Act gives unfettered and unguided and arbitrary powers to the authorities. In the absence of any specific guidelines, such powers can be abused or misused and such powers can be exercised arbitrarily insofar as alleged proven charge and commensurate penalty could be seen.

Furthermore, the Court underscored that the provisions of law even give complete discretion to the confiscating authorities with regard to imposition of penalty since no guidelines have been provided. This may create an anomalous situation as the jurisdictional authority in one area, in similar circumstances, may impose a lesser penalty, whereas for the same act, the jurisdictional authority in another area may impose a higher penalty.

Pertinently, the Court observed that enactment of law and rules in such a manner may make such laws and rules arbitrary and the same goes against the spirit of Article 19 (6) of the Constitution.

The Court held that the Petitioner cannot not be made to suffer for being the landlord/owner of the premises in question if recovery of some intoxicant materials have been made without his knowledge or intention.

Accordingly, the Petition was allowed.

Cause Title: Mahendra Prasad Singh V. State of Bihar

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Patna High CourtJustice P.B BajanthriJustice S.B PD Singh

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.