Excise courts can free seized commercial goods: HC

Patna: The Patna high court ruled that district-level special excise courts, constituted to hear cases under Bihar’s liquor prohibition law, have the jurisdiction to decide release applications pertaining to non-alcoholic and non-contraband goods or consignments seized along with vehicles, allegedly carrying liquor bottles.

The provisions of liquor prohibition laws in Bihar permit the special excise courts to hear and decide the pleas related to release of vehicles or unlocking of premises that have been seized for recovery of liquors and alike contraband products. Such special courts are empowered to release vehicles or unseal premises after slapping penalty of maximum up to Rs5 lakh.

As a result, special excise courts have routinely declined to entertain applications for the release of consignments, industrial goods and machinery seized along with vehicles allegedly carrying liquor, as these items do not fall within the category of contraband. The prohibition law does not provide any mechanism for their release by such courts.

A division bench of Justices Rajeev Ranjan Prasad and Soni Srivastava, while allowing a writ application of a Delhi-based logistics company, ruled that special excise court concerned can release 280 bags of powered rubber worth Rs17.5 lakh which was being transported by a logistic company without any penalty.

The two judges also ruled that such non-alcoholic items can be released by special excise courts after invoking provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS).

This verdict was passed on May 15 this year which came into public domain after being uploaded on HC websites during the summer vacation.