CUTTACK: The Orissa High Court has ruled that finding illicit liquor inside a vehicle does not automatically justify its confiscation. The court held that excise authorities must independently prove the owner was involved before taking away private property.
Justice Sashikanta Mishra passed the ruling while hearing a plea by Umesh Patra. Patra had challenged the confiscation of his Maruti Suzuki Celerio by Excise officials in Mayurbhanj district. Enforcement staff had stopped the vehicle near Gohira Bridge under the Jamda police station limits. Officials found 68 bottles containing about 51 litres of non-duty-paid, Indian made foreign liquor (IMFL) inside the car's boot.
Patra explained that the bags belonged to a co-passenger who had requested a lift. The passenger told him the bags held items for a wedding ceremony. Patra maintained that he had no knowledge of any liquor in the vehicle. The High Court noted that officials never questioned the seizure witnesses to verify or dispute Patra's defence.
The court pointed out that seizure and confiscation are two distinct steps under Section 71 of the Odisha Excise Act, 2008. A vehicle can be seized based on reasonable suspicion. However, confiscating it requires an independent finding of guilt through a fair inquiry. Justice Mishra cited Article 300-A of the Constitution, emphasizing that no citizen can be deprived of property without following strict legal procedures.
The court also clarified two major evidentiary points. An owner’s signature on a seizure list only confirms receipt of the paper. It does not prove knowledge or involvement in the crime. Similarly, a chemical report only confirms what the liquid is. It does not prove the owner knowingly transported it.
The bench noted that the Excise Commissioner had already failed to correct these gaps during an earlier review. Refusing to send the matter back for another inquiry, Justice Mishra quashed the confiscation orders issued on July 16, 2025, and August 13, 2026. The High Court directed authorities to release the car to Patra immediately.
(With inputs from media reports)