Patna High Court Quashes Confiscation of Vehicle in Liquor Transportation Case

Court Directs Fresh Consideration, Clarifies Public Interest Under Bihar Prohibition and Excise Rules, 2021

In a significant judgment, the Patna High Court has set aside the confiscation of a vehicle involved in the transportation of liquor, directing the Sub-Divisional Magistrate, Gopalganj to reconsider the case under the Bihar Prohibition and Excise Rules, 2021. The Division Bench, comprising Mr. Rajeev Ranjan Prasad and Sourendra Pandey, observed that the term 'public interest' under Rule 12A(3) must be interpreted in alignment with the statutory scheme, and cannot solely rely on the quantum of liquor seized as the basis for rejecting the release application.

The petitioner, Manjeet Kumar Yadav, challenged the confiscation order of his Mahindra Scorpio, arguing that the Collector of Gopalganj misapplied Rule 12A(3) by not elucidating what constituted 'public interest' in his case. The court noted that the guidelines issued by the Collector, which automatically rejected release applications for vehicles carrying specified quantities of liquor, contradicted the intended flexibility of Rule 12A designed for such situations.

The court referred to previous Supreme Court rulings, emphasizing that 'public interest' must be evaluated in the context of the statute, considering factors like repeated offenses, involvement of the vehicle owner, and the nature of the liquor involved. The judgment mandates that competent authorities assess each case individually, considering all pertinent factors before forming an opinion based on public interest.

This decision marks a pivotal interpretation of the Bihar Prohibition and Excise Rules, potentially impacting numerous pending cases and setting a precedent for future confiscation matters. The Sub-Divisional Magistrate has been instructed to reassess the case within one month, ensuring compliance with the legal framework provided by the 2021 Rules.

Bottom Line:

Bihar Prohibition and Excise Rules, 2021 - Rule 12A - Confiscation of vehicles - Public interest under Rule 12A(3) must be interpreted in the context of statutory scheme; mere quantum of liquor seized cannot be the sole basis for rejecting release application.

Statutory provision(s): Bihar Prohibition and Excise Rules, 2021 - Rule 12A, Bihar Prohibition and Excise Act, 2016

Manjeet Kumar Yadav v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2810689