In a case related to Bihar’s liquor prohibition law, the Patna High Court reprimanded the Excise Department for imposing an exorbitant fine. The court found the decision to impose an ₹8 lakh fine for the recovery of merely 600 ml of alcohol excessively harsh.
The court stated, “Imposing a fine of 50% of the vehicle’s insured value, which amounts to around ₹8 lakh, for the recovery of only 600 ml of illegal liquor is excessive and harsh. Therefore, the fine amount is reduced to ₹25,000,” the court ordered.
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The court further instructed that if the vehicle owner pays the reduced fine within two weeks of receiving the court’s order, the vehicle should be returned to them. If the fine is not paid, the district magistrate should proceed with auctioning the vehicle.
The Excise Department’s secretary defended the department’s action, arguing that since the vehicle was insured for ₹17,42,135, the decision to impose a fine amounting to half the insured value was justified.
The Incident
The incident occurred in the Chakai police station area of Jamui district. According to the FIR, on July 5, 2022, police officers were conducting vehicle checks at the Maheshpathar checkpost. They stopped a white Scorpio vehicle, which allegedly attempted to break through the barrier. The vehicle’s owner, Anil Yadav, along with three others, was inside the car. The FIR states that all occupants smelled of alcohol, and upon inspection, a plastic pouch containing 600 ml of alcohol was found.
In cases involving vehicle seizures, a fine is imposed on the vehicle, and upon payment of the fine, the vehicle is released. If the fine is not paid, the vehicle is auctioned. The Excise and Prohibition Department had imposed an ₹8 lakh fine, equivalent to 50% of the vehicle’s insured value.
Anil Yadav, the vehicle owner from Sitamarhi district, first approached the court in 2022, seeking intervention. The court had ordered the authorities to release the vehicle upon receiving the fine. However, Yadav later questioned the high fine amount, arguing that imposing such a hefty fine for 600 ml of alcohol was harsh and against the spirit of the law.
Court’s Decision and Observations
The court observed, “Based on the arguments presented, it appears that the orders for the vehicle’s seizure issued by the district magistrate, Excise Commissioner, and revision authority are not legally sustainable.”
Anil Yadav received his vehicle within two to three months, but he had to deposit property documents worth approximately ₹8 lakh. He said, “The fine of ₹8 lakh was too high. We had appealed to various officials, but no one listened, so we approached the court.”
He further stated, “The vehicle was returned within two to three months, but we had to deposit property documents. Now that the court has reduced the fine to ₹25,000, we will get our property documents back.”
Misuse of Prohibition Law
This is not the first time the Patna High Court has criticized actions taken under the prohibition law. In several cases, it has been observed that the police and administration have misinterpreted the law, leading to judicial rebukes. There have been instances where the authorities delayed necessary actions beyond the stipulated time frame.
In February this year, the Patna High Court ordered the immediate release of seized Hajmola (an Indian digestive tablet) that had been confiscated along with a large quantity of liquor. The court threatened contempt proceedings if the order was not followed. Similarly, in a case from Muzaffarpur district, the court intervened when a hotel room was sealed following the discovery of alcohol, despite the hotel being leased to another individual.
In another case, the police seized cash along with alcohol from an individual’s home. The cash remains at the police station, and despite the accused’s appeals, it has not been returned.
The misuse of the prohibition law has led to numerous instances where the Patna High Court had to impose fines on district magistrates. Despite this, violations of the law continue.
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