Patna High CourtCR. WJC/2014/2017disposed

Sunil Kumar Prasad @ Sunil Kumar v. The State Of Bihar, Through Thr Secretary, Excise Department, Government Of Bihar, Patna And ORS

2017-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2014 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Sunil Kumar Prasad @ Sunil Kumar S/o Sri Suresh Prasad @ Bechan, R/o Ganga Bihar Colony, Hiranand Gali, P.S.- Chowk, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar, Through The Secretary, Excise Department, Government of Bihar, Patna.

2. The District Magistrate, Patna, District- Patna.

3. The Senior Superintendent of Police, Patna, District- Patna.

4. The Station House officer, Chowk Police Station, Patna City, District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sheeraj Kumar, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-12-2017 Heard learned counsel for the parties.

2. The house of the petitioner was sealed in connection with Chowk P.S. Case No.149 of 2017 registered for the alleged violation of the Bihar Excise Law.

3. Submission of the learned counsel for the petitioner is that the power of the executive authority to confiscate the vehicle/house and its confiscation and auction would amount to pretrial punishment, which is not permissible in law and the same issue is pending consideration before a larger Bench of this Court in LPA No.1647 of 2015 (Baleshwar Roy V. The State of Bihar & Ors.)

Patna High Court Cr. WJC No.2014 of 2017 dt.20-12-2017 P2/ and considering the aforesaid pendency another Division Bench of this Court in Cr.W.J.C. No.605 of 2016 in similar circumstances has ordered unsealing of the premises.

4. After hearing the parties and considering the fact that similar issue is pending before the larger Bench of this Court, let the referred house of the petitioner be unsealed and possession thereof be handed over to the petitioner, on the petitioner's filing an undertaking that he would not dispose of the same or put under encumbrance without permission of the learned Courtbelow/authority concerned where the case is pending.

5. Let operation of the confiscation proceeding, if any, remain in abeyance till disposal of the L.P.A. aforesaid and shall be subject to the result of the L.P.A. aforesaid.

6. With the aforesaid observation, this application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date22.12.2017 Transmission Date 22.12.2017