Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6775 of 2019 ====================================================== Lal Babu Singh (Male), aged about 59 years, Son of Indrajit Singh, R/o Village-Rasalpur, P.O.-Basudeopur Sarai, P.S. Sahebganj, DistrictMuzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna 2.

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

The District Magistrate, Muzaffarpur, District-Muzaffarpur 4.

The Senior Superintendent of Polcie, Muzaffarpur, District-Muzaffarpur 5.

The Excise Superintendent, Muzaffarpur, District-Muzaffarpur 6.

The Station Head Officer, Sahebganj Police Station, District-Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Advocate Mr. Santosh Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 15-05-2019 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 room of the commercial market of the petitioner situated at villageBasudeopur, Durga Chowk, P.S. Sahebganj in the district of Muzaffarpur sealed in connection with Sahebganj P.S. Case No. 340 of 2017 registered under sections 272, 273 of the Indian

Patna High Court CWJC No.6775 of 2019 dt.15-05-2019 2/3 Penal Code and for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. The seizure list shows recovery of 396 liters of IMFL.

Learned counsel for the petitioner submits that the house in question is a joint family property of the petitioner. The seizure list shows recovery of 396 liters of IMFL from the room of the petitioner. It is also submitted that the confiscation proceeding for the property in question is pending. 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 room then the interest of the State is required to be protected.

Patna High Court CWJC No.6775 of 2019 dt.15-05-2019 3/3 to the extent of value of the property as per the circle rate with the District Magistrate, Muzaffarpur.

The owner of the property shall give an 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 room 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 Confiscating Authority and shall be subject to outcome in the confiscation proceeding.

The writ petition is allowed to the extent as stated hereinabove.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Nasimul/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20-05-2019 Transmission Date N/A