शराबबंदी कानून में ज़ब्त गाड़ी कैसे छुड़ाएँ (धारा 57B)
At a glance
- Law
- Bihar Prohibition and Excise Act, 2016 (S. 57B) · Rule 12A
- Who
- Registered owner, or financier
- Where
- Collector (DM) or the officer authorised by him
- Time
- 3 weeks to 3 months
What it is
A vehicle in which liquor or another intoxicant is found is seized and becomes liable to confiscation under Section 56 of the Bihar Prohibition and Excise Act, 2016. Since the 2022 amendment, the owner may get the vehicle released on payment of a penalty, instead of losing it, under Section 57B and Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (as amended in 2022 and 2023).
Who can apply
- The registered owner of the vehicle
- A financier, where the vehicle is under hypothecation
Where to apply
Before the Collector (District Magistrate) or the officer authorised by him. The Special Excise Court cannot release such a vehicle; its jurisdiction is barred by Section 60 of the Act, as the Patna High Court has noted.
Step-by-step process
- 1
Obtain papers of the case
Get a copy of the FIR (Excise / Police case number) and the seizure list showing the vehicle and the quantity of liquor recovered.
- 2
Application for release on penalty
File the application in the prescribed form before the Collector or authorised officer, with the vehicle's documents and an affidavit about the owner's role.
- 3
Report and hearing
The authority calls for a report from the police or excise officer and hears the owner.
- 4
Fixing the penaltyRule 12A(2)
The authority fixes the penalty, having regard to the quantity of intoxicant recovered, the owner's involvement, and the latest insured value of the vehicle. The penalty may not be less than 10% of the insured value, and not more than Rs. 5 lakh.
- 5
Deposit and release
On deposit of the penalty, the release order is passed and the vehicle is handed over from the police station or the place where it is kept.
- 6
If release is refused or confiscation is ordered
An appeal and then a revision lie to the authorities named in the Act. Thereafter a writ petition may be filed before the Patna High Court.
Documents required
Checklist · 8 items- Registration certificate (RC) of the vehicle
- Valid insurance policy (the insured value is the basis of the penalty)
- Identity and address proof of the owner
- Copy of the FIR and the seizure list
- Driving licence of the driver at the time of seizure
- For commercial vehicles: permit, fitness certificate and tax receipts
- Hypothecation details / no-objection certificate of the financier, if any
- Affidavit of the owner on the facts, including non-involvement where that is the case (for example, where the vehicle was hired out, driven by another person without knowledge, or stolen)
Time usually taken
3 weeks to 3 months from the application
Ordinarily three weeks to three months from the application, depending on the receipt of the police / excise report.
Points to remember
- 01Apply early: a vehicle lying in the open at a police station deteriorates quickly.
- 02Release of the vehicle on penalty does not end the criminal case against the accused persons, which proceeds separately before the Special Court.
- 03Where only a small quantity was recovered, or the owner had no knowledge, the Patna High Court has in several cases interfered with a heavy penalty and directed release on a reasonable amount.
Frequently asked questions
How much penalty is charged to release a vehicle seized under the Bihar liquor law?
Under Rule 12A(2), the penalty may not be less than 10% of the vehicle's latest insured value and not more than Rs. 5 lakh. It is fixed having regard to the quantity recovered and the owner's involvement.
Can the Special Excise Court release a seized vehicle?
No. Its jurisdiction is barred by Section 60 of the Act, as the Patna High Court has noted. The application lies before the Collector or the officer authorised by him.
Does releasing the vehicle end the criminal case?
No. The criminal case against the accused persons proceeds separately before the Special Court.
What if the Collector refuses release or orders confiscation?
An appeal and then a revision lie to the authorities named in the Act. Thereafter a writ petition may be filed before the Patna High Court.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Criminal Defence and Bail Matters