Complete confiscation proceedings in liquor cases in 90 days or release ‘things’, says Patna HC

The Patna High Court has directed that all proceedings related to confiscation of property under the Bihar Prohibition and Excise Act, 2016, must positively be initiated/concluded within a period of 90 days from the date of appearance of the parties concerned

The Patna High Court has directed that all proceedings related to confiscation of property under the Bihar Prohibition and Excise Act, 2016, must positively be initiated/concluded within a period of 90 days from the date of appearance of the parties concerned.

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The court has further directed that the appeal/revision, if any, be also decided within a period of 30 days from the date of initiation, failing which the “things” (vehicle/property/ etc.) shall be deemed to have been released.

Hearing a petition filed by one Abhishek Kumar, who prayed for a direction to release his Swift car seized and kept in the premises of Baikunthpur police station in Gopalganj under open sky, the bench of Chief Justice Sanjay Karol and Justice S Kumar directed the authorities to take appropriate action 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.

Citing various HC orders, the bench said litigants were forced to approach the court due to delay in completing the proceedings or on account of non-initiation of such proceedings of confiscation. The order of the court, given on July 1, was uploaded on July 3.

The bench said it had already laid down the time schedule for such cases.

“It is seen that despite our observations, authorities have not taken any action in initiating the proceedings for confiscation of the property under the Act. The litigants are, thus, forced to approach the Court by way of filing separate petitions. In a large number of cases, the position about concluding the proceedings remains the same,” the bench said.

The Bihar Prohibition and Excise Act, 2016, prohibits manufacture, storage, distribution, transportation, possession, sale, purchase and consumption of any intoxicant or liquor. In addition to the penalty imposed for committing such an offence, Section 56 of the Act lays down the procedure for confiscation of “things” used for in the commission of such an offence.

In an earlier order, the court had directed the state to provisionally release vehicle/property, subject to initiation/conclusion/finalisation of the confiscatory proceedings. It even threatened to initiate contempt proceedings and directed the chief secretary to evolve a mechanism to ensure that the provisions of the Act were implemented in letter and spirit.