The Patna High Court directed the registration of a First Information Report against officials of the Excise Department and others after finding prima facie material indicating irregularities in the alleged illegal auction of vehicles seized in excise cases. The bench examined the factual matrix arising from a writ petition filed by a person claiming that his vehicle, seized by the excise authorities during enforcement action, had been illegally auctioned without following due process and in violation of statutory and procedural safeguards. The petitioner contended that instead of completing necessary legal formalities for lawful disposal, the authorities conducted an auction in an arbitrary manner, depriving him of his property without affording statutory rights or opportunity to be heard and without observing principles of natural justice.
On examining the materials, the High Court noted that the Excise Act and allied rules prescribe specific procedures for seizure, confiscation, and disposal of goods and vehicles involved in excise violations. These procedures require that goods or vehicles seized must first be properly held under lawful authority and that legally mandated notices and opportunities to contest the action must be provided before any final disposal or sale. The Court observed that in the present case, the authorities allegedly failed to comply with these requirements, as no effective notice was given to the petitioner or other affected persons, nor were statutory steps taken to determine the lawful right to sell the vehicles before calling for an auction.
The petitioner submitted that despite repeated representations and objections, no satisfactory explanation had been offered by the excise officials for the course of action taken, and that the auction process itself appeared to lack transparency and accountability. He argued that the auction amounted to a seizure-cum-sale without authority, thereby violating both statutory mandates and principles of fairness. The High Court took cognisance of these submissions and observed that the material on record indicated plausible irregularities warranting formal criminal proceedings.
In ordering the registration of an FIR, the High Court emphasised that the purpose of such direction is not to pre-judge the merits of the allegations, but to ensure that a proper investigation is carried out by the police to determine the truth and gather evidence. The Court noted that where state officials are alleged to have acted beyond or in violation of their powers, it is essential that law enforcement agencies conduct an impartial probe into the conduct of the concerned functionaries. It underscored that public servants must operate within the framework of law and follow due process, and failure to do so attracts criminal consequences to be explored through investigation.
The High Court’s direction to register an FIR was coupled with instructions to senior police officers to oversee and monitor the investigation, ensuring that it is conducted independently and without interference. The Court also made clear that the registration should be in respect of offences apparent from the materials at hand, including any criminal breach of trust, misappropriation, abuse of official position, or other applicable penal provisions if established in the course of enquiry. By mandating the registration, the High Court reaffirmed that allegations of illegal action by authorities entrusted with public duty cannot be left unexamined.
This judicial intervention highlights the role of courts in upholding the rule of law and safeguarding citizens’ rights against arbitrary or ultra vires actions by administrative authorities. The judgment emphasises that executive actions must conform to statutory safeguards and that redress must be available through criminal investigation where prima facie violations are made out. The matter will now proceed in the realm of formal police inquiry, with the direction of the High Court ensuring that allegations against excise officials and others involved in the disputed auction are thoroughly investigated in accordance with law.
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