Raja Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4245 of 2019 ====================================================== Raja Kumar aged about 21 years, Son of Jagan Ray, Resident of VillageBishunpura, P.S. Jalalpur, District-Saran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Excise Commissioner, Bihar, Patna. 2.

The Collector, Saran, Chapra.

3.

The Officer-in-charge Jalalpur Police Station, Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Respondent/s :

Mr. Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 12-03-2019 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 shop of the petitioner sealed in connection with Jalalpur P.S. Case No. 173 of 2017 registered under sections 30(a) of the Bihar Prohibition and Excise Act. The seizure list shows recovery of 41.400 liters of I.M.F.L.

Learned counsel for the petitioner submits that petitioner is owner of the shop, which was let out for the

Patna High Court CWJC No.4245 of 2019 dt.12-03-2019 2/3 purpose of his livelihood. It is also submitted that the confiscation proceeding has not yet been initiated. 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 one and half 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 initiation and disposal of the confiscation proceeding, the shop of the petitioner in question be 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 designated Court below.

The owner of the property shall give an undertaking that she will not deal with the property in question and shall not create any third party interest whatsoever in the

Patna High Court CWJC No.4245 of 2019 dt.12-03-2019 3/3 meanwhile.

On submission of the original title deed of the property in question together with the surety and the undertaking as mentioned above, the shop in question shall be de-sealed and possession be handed over within a fortnight thereafter. The title deed deposited by the petitioner shall be kept in safe custody of the Court below.

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 02.04.2019 Transmission Date NA