Wakil Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20464 of 2018 ====================================================== Wakil Rai, S/o Late Kapildeo Rai @ Kapil Ray, R/o Village- Kateya, P.S.- Janta Bazar, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Principal Secretary Registration, Excise and Prohibition Department, Government of Bihar, Patna 3.

The Collector, District- Saran.

4.

The Superintendent of Police, Saran.

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

For the Petitioner/s :

Mr. Bishwajeet Singh 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 : 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 shop of the petitioner sealed in connection with Janta Bazar P.S. Case No. 85 of 2017 registered under section 30 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is the owner of the shop. He has no concern at all

Patna High Court CWJC No.20464 of 2018 dt.15-04-2019 2/3 with the alleged recovery. He further submits that petitioner is ready to furnish adequate security for unsealing of his property in question. He also submits that for the alleged recovery of 750 ml. of Mahua, the confiscation proceeding for the property in question is yet to be 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 hotel then the interest of the State is required to be protected. Having heard learned counsel for the parties and considering the facts and circumstance of the case where it is said to be a shop under the seizure of more than one and half years and the petitioner is 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 the designated Court below that pending finalization of confiscation proceeding, the shop of the petitioner be provisionally unsealed and possession be handed over to him 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.

The owner of the property shall give an

Patna High Court CWJC No.20464 of 2018 dt.15-04-2019 3/3 undertaking 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. 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 unsealed and possession be handed over within a fortnight thereafter. The title deed deposited by the petitioner shall be kept in safe custody of the designated Court below and shall be subject to outcome in the confiscation proceeding. The writ petition is allowed to the extent as stated hereinabove.

(Jyoti Saran, J) ( Arvind Srivastava, J) shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2019 Transmission Date NA