Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10395 of 2019 ====================================================== Vishal Kumar S/o Pappu Mahto Resident of Mohalla- Bibiganj, Bhatta Road, Ward No. 18, P.s.- Danapur, Distt.- Patna ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna

2. The District Magistrate-cum-Collector Patna

3. The Senior Superintendent of Police Patna

4. The Commissioner Excise Department, Patna

5. The Officer-in-Charge Danapur Police Station, Distt.- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) Date : 06-08-2019 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 House of the petitioner sealed in connection with Danapur P.S. Case No. 169 of 2017 registered under sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The seizure list shows recovery of 7.5 litres 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 7.5 litres of IMFL from the house

Patna High Court CWJC No.10395 of 2019 dt.06-08-2019 2/3 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 house 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 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 that pending finalization of confiscation proceeding the house 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 District Magistrate, Patna.

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.

Patna High Court CWJC No.10395 of 2019 dt.06-08-2019 3/3 On submission of the original title deed of the property in question together with the surety and the undertaking as mentioned above, the house 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) ( Partha Sarthy, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.8.19 Transmission Date NA