Krishna Pasi And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19700 of 2018 ====================================================== 1.
Krishna Pasi 2.
Shivjee Pasi Both S/o Shivpujan Pasi R/o Village- Hussepur, P.S.Bhore, District- Araria.
... ... Petitioner/s
Versus
1.
The State Of Bihar through Principal Secretary, Registration, Excise & Prohibition Department, Govt. of Bihar, Patna 2.
The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Pat 3.
The Collector, District- Gopalganj.
4.
The Superintendent of Police, Gopalganj.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Singh 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 : 08-04-2019 Herd learned counsel appearing for the petitioners and learned counsel appearing for the State.
This application has been filed for directing the State respondents to provisionally unseal the House of the petitioners sealed in connection with Bhore P.S. Case No. 125 of 2018 registered under sections 272, 273, 420 of the Indian Penal Code and for the offences punishable under Section 30(a), 35 and 38 of the Bihar Excise and Prohibition
Patna High Court CWJC No.19700 of 2018 dt.08-04-2019 2/3 Act.
Learned counsel appearing for the petitioners submits that the matter relates to seizure of house from where about 80.720 liters of I.M.F.L. was recovered giving rise to the police case in question. He further submits that the confiscation proceeding is pending. Petitioners are ready to furnish adequate security for unsealing of the house. Considering the facts and circumstances of the case where it is said to be a house under seizure for about a year and petitioners are ready to furnish adequate security to safeguard the interest of the State, following the consistent views of the Division Bench of this Court, we direct that pending finalization of confiscating proceeding arising out of Bhore P.S. Case No.
125 of 2018, the House of the petitioners be provisionally de-sealed and possession be handed over to the petitioners on the petitioners' 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 Collector, Gopalganj. On submission of the original title deed of the property in question with the surety, the House shall be de-sealed and possession be handed over within one week thereof.
Patna High Court CWJC No.19700 of 2018 dt.08-04-2019 3/3 deposited by the petitioners shall be kept in safe custody of the Confiscating Authority.
The owner of the property shall undertake that during the pendency of the confiscation proceeding, he will not deal with the property in question and shall not create any third party interest whatsoever.
This provisional unsealing of the house would, however, be subject to the final outcome of the confiscation proceeding.
The application is allowed to the extent as stated hereinabove.
(Jyoti Saran, J) ( Arvind Srivastava, J) mcv/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.04.2019 Transmission Date NA