Gyanti Devi v. The State Of Bihar Through The Chief Secretary Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2474 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN =========================================================== Gyanti Devi, wife of Bhola Singh @ Mithlesh Kumar, resident of VillageGopalpur, P.S. Nayagaon, District- Saran at Chapra. .... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary of Bihar, Patna.
2. The Principal Secretary, Excise Department, Government of Bihar, Patna.
3. The Collector cum District Magistrate, Saran.
4. The Superintendent of Police, Saran.
5. The S.H.O. Nayagaon Police Station, District- Saran at Chapra. .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Udai Shankar Singh, Adv. For the Respondent/s : Mr. Kumar Manish, S.C.-5. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-12-2017 Heard learned counsel for the parties.
2. Huge quantity of foreign liquor was allegedly recovered from the house of the petitioner for which Nayagaon P.S.Case No. 33 of 2016 was registered under Sections 272, 273 of the Indian Penal Code and 47(A) of the Excise Act against the petitioner. Subsequently the said house was sealed along with the land by order of the Collector, Saran, Chapra.
3. The petitioner has challenged the aforesaid order in this writ application on the ground that executive authority has no power to confiscate in a preliminary manner, which is a power exercisable by a judicial authority and the matter is already sub judice before a Larger Bench
Patna High Court Cr. WJC No.2474 of 2017 dt.13-12-2017 of this Court in LPA No.1647 of 2015 (Baleshwar Roy V. The State of Bihar & Ors.). He further submits that a Division Bench of this Court in Cr.W.J.C. No.605 of 2016 (Smt. Manorama Devi @ Manorma Devi vs. The State of Bihar & Ors.) in similar circumstances has ordered unsealing of the premises.
4. Considering the urgency of the matter and the aforesaid binding precedent, let the respondent authorities immediately unseal the house of the petitioner and handover its possession, with further condition that the petitioner shall not dispose of the said house or put under encumbrance without permission of the Collector concerned.
5.
With the aforesaid observation, this application stands disposed of.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date18.12.2017 Transmission Date 18.12.2017