Patna HC flags ‘draconian’ liquor seizure laws, orders release of man’s property

Patna: The Patna high court, in a recent verdict, observed that the provisions related to seizure and confiscation of a vehicle or building used to commit offences punishable under the state's liquor prohibition law are “draconian” and must therefore be applied with extreme caution.The high court also ruled that confiscating the ground floor of a four-storeyed building due to the recovery of liquor or banned spirits from rooms rented therein is a sheer act of arbitrariness.A division bench comprising acting chief justice P B Bajanthri and justice S B Pd Singh, while allowing a writ petition filed by Mahendra Singh, held that in the absence of any specific guidelines, the authorities under the liquor prohibition laws are exercising unfettered and arbitrary powers.The judgment was uploaded on Sept 1, but came into public purview on Saturday.The petitioner had filed the writ application for the immediate release of the ground floor of his house, which had been sealed following the recovery of illicit spirit containers.On May 21 last year, police raided the petitioner’s house at Jai Mahavir Colony, under Parsa Bazar police station, and sealed the ground floor after discovering banned spirits.

The raid was carried out following disclosures by a autorickshaw driver, who, after being arrested with banned spirit jars, revealed that he had been transporting prohibited items under liquor law on instructions from a homeopathic practitioner, Randhir Kumar, tenant of the ground floor of the petitioner’s house.The petitioner’s counsel, Shekhar Kumar Singh, argued that there was no evidence implicating his client in the illegal trade or transport of spirits, which was allegedly conducted by the tenant.The ground floor had been rented by the petitioner under an agreement dated Oct 1, 2023, effective for one year. The agreement clearly stipulated that the tenant would not use the premises for any illegal activities.“For illegal activities committed by a tenant, the landlord should not face consequences unless he is found to have participated,” Shekhar added.The court, while allowing Mahendra Singh’s case, ordered the release of his property.