Court’s Decision:
The Patna High Court set aside the appellate authority’s order, deeming the penalty imposed on the petitioner for the recovery of 1 liter of country-made liquor to be too harsh. The court reduced the fine from ₹1,01,927 to ₹10,000 and directed that the auction amount of ₹3,25,000 for the vehicle be returned to the petitioner, less the reduced fine amount.
Facts:
The case involved the recovery of 1 liter of country-made liquor from a Swift Dzire ZDI car, which led to the registration of an FIR under the Bihar Prohibition and Excise (Amendment) Act, 2018. The car was subsequently auctioned by the Gopalganj District Administration for ₹3,25,000. The petitioner challenged the appellate authority’s decision, which had deducted ₹1,01,927 as a fine and ordered the return of ₹2,23,073.
Issues:
- Whether the fine imposed for the recovery of a meager quantity of liquor was justified.
- Whether the auction of the petitioner’s vehicle and the deduction of the fine were proportionate to the offense.
Petitioner’s Arguments:
The petitioner argued that the recovery of only 1 liter of country-made liquor did not warrant such a disproportionate fine. Furthermore, it was claimed that proper notice had not been served, violating natural justice principles. The petitioner also contended that the auction of the vehicle was unjust and sought its return, along with reliance on previous cases (Sunaina Vs. State of Bihar and Binit Kumar Son Vs. The State of Bihar).
Respondent’s Arguments:
The respondents defended the appellate authority’s order, asserting that the fine imposed was based on the insurance value of the vehicle and that the auction was conducted in accordance with the law. They argued that there was no need for the court to interfere, as the actions taken were justified.
Analysis of the Law:
The court analyzed the Bihar Prohibition and Excise (Amendment) Act, 2018, particularly regarding penalties imposed for minor infractions. It considered whether the fine and auction process were proportional to the offense of recovering a meager quantity of liquor.
Precedent Analysis:
The court referenced prior decisions, including Sunaina Vs. State of Bihar and Binit Kumar Son Vs. The State of Bihar, to highlight the need for proportionate penalties and adherence to the principles of natural justice in similar cases of minor liquor recovery.
Court’s Reasoning:
The court observed that the penalty imposed was disproportionate to the recovery of a small amount of liquor. The fine was deemed excessive, given that only 1 liter of country-made liquor was found. The court also took into account that the petitioner was not a habitual offender under the Excise Act.
Conclusion:
The court concluded that the fine of ₹1,01,927 was excessive and reduced it to ₹10,000. The petitioner was directed to deposit the reduced fine, after which the auction proceeds of ₹3,25,000 would be released within six weeks.
Implications:
This judgment highlights the Patna High Court’s emphasis on proportionality in penal actions, particularly in cases of minor offenses under the Bihar Prohibition and Excise Act. The ruling underscores the court’s reluctance to uphold disproportionate penalties and its focus on ensuring justice through fair and balanced measures.