Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20271 of 2018 ====================================================== Shankar Singh, Son of Prabhunath Singh, resident of Village- Banpura, P.SRasulpur, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat, Patna.

2.

The District Magistrate, Saran.

3.

The Superintendent of Police, Saran.

4.

The Sub-Divisional Officer, Sadar Chapra, Saran. 5.

The S.H.O. Rasulpur Police Station, Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash For the Respondent/s :

Mr. Anil Kr. Sinha- GA1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 15-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed for a Mandamus directing the State-respondents to release/unseal the House of the petitioner sealed in connection with Rasulpur P.S. Case No. 87 of 2017 registered for the offences punishable under section 30/38 of the Bihar Prohibition and Excise Act. The seizure list shows recovery of 3.600 liters of IMFL.

Apart from a prayer for unseal of the house in

2/4 question, the petitioner has also prayed for quashing of the order dated 20.04.2018 passed by the District Magistrate, Saran (Respondent No.2) in connection with Confiscation Case No. 02 of 2018, by which a direction to confiscate the house in question has been passed.

Learned counsel for the petitioner submits that for the present, he would not be pressing the order dated 20.04.2018 passed by the District Magistrate, Saran (Respondent No. 2) in connection with Confiscation Case No. 02 of 2018, he however, submits that liberty may be granted to the petitioner to challenge the confiscation order in an appropriate jurisdiction by filing an appeal before the Commissioner within a period of 30 days from today. In the circumstances discussed, this application is disposed of with liberty to the petitioner to challenge the order of confiscating before the appellate authority within a period of 30 days from today. In case, such an appeal is preferred within the aforesaid period, with an application for condonation of delay, the Appellate Authority shall consider the same keeping in mind that the petitioner was prosecuting his remedy before this Court and the appeal shall be heard on its own merit and disposed of expeditiously.

3/4 Learned counsel for the petitioner, at this stage, submits that because the appellate authority has no power to pass an interim order of unseal of the house, he would press this application for provisionally unsealing the house in question pending disposal of appeal.

Learned counsel for the State is present and submits that in the given facts and circumstances of this case if at all the Court is willing to consider provisional unsealing of the house then the interest of the State is required to be protected.

Considering the facts and circumstances of the case where it is said to be a residential house under seizure for more than two years and the petitioner is ready to furnishing adequate security to safeguard the interest of the State, following the consistent views of the Division Bench of this Court, we direct that pending filing and disposal of the appeal, the House of the petitioner in question be provisionally unsealed and possession be handed over to the petitioner on the petitioner's depositing the original title deed of the property in question as security with one surety to the extent of value of the property as per the circle rate with the District Magistrate, Saran. On submission of the original title deed of the property in

4/4 question with the surety, the House shall be de-sealed and possession be handed over within one week thereof. The title deed deposited by the petitioner shall be kept in safe custody of the Confiscating Authority.

The owner of the property shall undertake that he will not deal with the property in question and shall not create any third party interest whatsoever in the meanwhile. In case, the petitioner fails to take recourse to the appellate remedy within the period granted hereunder, this order shall stand recalled and the respondent shall be at liberty to proceed in accordance with law.

The application is allowed with the observations and directions set out hereinabove.

(Jyoti Saran, J) ( Arvind Srivastava, J) Shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.04.2019 Transmission Date NA