The Patna High Court has ruled that cash seized by the police during a raid under the Bihar Prohibition and Excise Act, 2018, cannot be legally confiscated, as the Act does not empower the authorities to do so. This judgment provides significant clarity for individuals whose money has been seized in such cases.
In this writ petition, the petitioner approached the Patna High Court seeking the release of ₹2,24,200 that had been seized during a raid conducted by the Kako Police Station, Jehanabad. The seizure was made under the Bihar Prohibition and Excise Act, 2018, and became part of an ongoing prosecution in Excise Case No. 1182 of 2021.
The petitioner contended that the Bihar Prohibition and Excise Act does not contain any provisions that allow for the confiscation of cash. He further argued that money is not a prohibited item under the Act and therefore should not have been seized in the first place. Additionally, the petitioner had already filed an application before the District Magistrate, Jehanabad, seeking redress.
The State’s legal representative did not oppose the petitioner’s argument. Instead, he acknowledged that similar directions had previously been issued by the High Court in comparable cases. Specifically, the Court was referred to a 2019 decision in CWJC No. 19300 of 2018, where it was held that the Act does not allow confiscation of cash, and the authorities were directed to return the money to the petitioner.
After reviewing the facts and the earlier precedent, the Division Bench comprising Hon’ble Mr. Justice Ramesh Chand Malviya and Hon’ble Mr. Justice P. B. Bajanthri concluded that the seizure of ₹2,24,200 and the related judicial order passed by the lower court were not in accordance with law.
Accordingly, the High Court quashed the seizure and directed the District Magistrate, Jehanabad, to release the amount to the petitioner. However, this release is subject to an undertaking and a surety bond of the same amount from the petitioner, conditional upon the outcome of the excise-related criminal case.
Significance or Implications of the Judgment
This judgment is significant because it clears the ambiguity regarding the confiscation of cash under the Bihar Prohibition and Excise Act, 2018. It affirms that unless the statute explicitly allows confiscation of money, authorities cannot act beyond the legal mandate. For ordinary citizens, especially in Bihar, this decision protects property rights and ensures that law enforcement follows due process. For administrative authorities, it serves as a guideline to prevent unlawful seizures.
Legal Issue(s) Decided and the Court’s Decision
- Whether cash can be seized and confiscated under the Bihar Prohibition and Excise Act, 2018?
- Decision: No. The Act does not empower authorities to seize or confiscate cash. Any such action is without legal basis.
- What direction should be given for money seized under such circumstances?
- Decision: The seized amount must be returned, subject to the petitioner furnishing a surety bond and undertaking.
Judgments Referred by Parties (with citations)
- CWJC No. 19300 of 2018, Patna High Court, judgment dated 18.04.2019
Judgments Relied Upon or Cited by Court (with citations)
- CWJC No. 19300 of 2018, Patna High Court, judgment dated 18.04.2019
Case Title
Brijlal Yadav @ Brijlal Prasad v. State of Bihar & Others
Case Number
Civil Writ Jurisdiction Case No.11355 of 2024
Citation(s)– 2025 (1) PLJR 63
Coram and Names of Judges
Hon’ble Mr. Justice Ramesh Chand Malviya
Hon’ble Mr. Justice P. B. Bajanthri
Names of Advocates and who they appeared for
Mr. Sanjay Kumar Sinha, Advocate — For the Petitioner
Mr. Manoj Kumar Yadav, AC to G.A.-10 — For the State
Link to Judgment
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