Vehicle Seized in a Liquor Case in Bihar: Confiscation and Release

Why the vehicle is seized

The Bihar Prohibition and Excise Act, 2016 treats a vehicle used to carry liquor as liable to confiscation. When liquor is found in a car, truck, motorcycle or boat, the police or excise officers seize the vehicle along with the liquor and record it in the seizure list. The criminal case against the persons accused and the confiscation of the vehicle are separate proceedings.

Confiscation proceedings

Confiscation is decided by the authority the Act designates, usually the District Magistrate or Collector, not by the criminal court. The owner must be given notice and an opportunity to be heard before an order of confiscation is passed. The owner may show, for example, that the vehicle was used without their knowledge, that it had been hired out, or that the seizure itself was not properly recorded.

Release on payment of a penalty

Amendments to the Act have provided for release of a seized vehicle on payment of a penalty in place of confiscation, in the cases and amounts the Act and the rules lay down. Whether that route is available depends on the facts recorded, the type of vehicle and the stage of the proceedings, and it should be considered early, because vehicles kept in police custody lose value quickly.

Appeals and writs

An order of confiscation can be challenged in appeal or revision before the authorities the Act provides. Where an order has been passed without notice, without a hearing, or beyond the time or powers the Act allows, a writ petition (CWJC) may be filed before the Patna High Court, which has set aside confiscation orders on such grounds in a number of cases.

Documents to keep ready

• Registration certificate, insurance and permit of the vehicle
• Seizure list and copy of the FIR
• Any notice received from the District Magistrate or excise authorities
• Hire, lease or employment documents if someone else was driving
• Loan or hypothecation papers if the vehicle is financed