Rajesh Gupta @ Rajesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7914 of 2019 ====================================================== Rajesh Gupta @ Rajesh Kumar Gupta, aged about 42 years, Son of Kamta Prasad, Resident of Village- Bahera, P.S.- Kargahar, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Superintendent of Police, Rohtas at Dehri-on- Sone. 4.

The District Excise Officer, Rohtas at Sasaram. 5.

The S.H.O. Kargahar Police Station, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Respondent/s :

Mr.Kumar Manish ( SC5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 20-06-2019 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 petitioner sealed in connection with Kargahar P.S. Case No. 65 of 2018 registered under sections 272, 273 of the Indian Penal Code and for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. The seizure list shows recovery of 8 liters of country liquor.

Patna High Court CWJC No.7914 of 2019 dt.20-06-2019 2/3 Learned counsel for the petitioner submits that the room in question is a joint family property of the petitioner. The seizure list shows recovery of 8 liters of country liquor 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.

Having heard learned counsel for the parties and considering the facts and circumstance of the case where it is said to be a residential house under the seizure of more than two months 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 that pending finalization of confiscation proceeding the room of the petitioner be provisionally de-sealed 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

Patna High Court CWJC No.7914 of 2019 dt.20-06-2019 3/3 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 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) ( Anjani Kumar Sharan, J) Nasimul/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27-06-2019 Transmission Date N/A