Patna High Court. File Photo
By Neeraj Kumar
Patna: The Patna High Court has imposed a fine of ₹50,000 on responsible state government officials for arbitrarily sealing a residential house two years after the recovery of liquor, terming the action illegal. Justice Arun Kumar Jha passed the order while allowing a criminal writ petition filed by Neelam Kumari.
Counsel for the petitioner informed the court that Neelam Kumari is the lawful owner of a residential house located in Hanuman Nagar, Jehanabad, and that the property stands duly recorded in her name in the official revenue records.
It was submitted that on 6 October 2019, police conducted a raid at the house and recovered 8.5 litres of foreign liquor from the possession of her son. A case was registered at the Jehanabad police station; however, during the course of investigation, no involvement of Neelam Kumari was found.
Despite this, on 31 January 2022—nearly two years later—the police suddenly locked and sealed the petitioner’s house. The petitioner’s counsel argued that under the prohibition law, if liquor is recovered from a house or premises but the owner is not involved in the offence, the property cannot be sealed or confiscated.
Agreeing with the submission, the High Court observed that there is no provision in law permitting the sealing of a house by invoking the prohibition law two years after the recovery of liquor. The court, therefore, ordered the immediate release of the petitioner’s house and imposed a penalty of ₹50,000 on the concerned officials for their arbitrary action.
Bihar has been under total prohibition since 2016. While numerous arrests have been made and several cases remain pending before courts, the judiciary has repeatedly delivered significant rulings clarifying the scope and limits of the prohibition law.
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