Rajkumar Tekriwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10021 of 2017 ===========================================================

1. Rajkumar Tekriwal son of Matadi Tekriwal, resident of presently 1855, Bazir Singh Street, Chuna Mandi, P.S. Paharganj, Delhi. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Patna.

4. The District Magistrate, Patna.

5. The Superintendent of Police, Patna City.

6. Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna.

7. Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna.

8. The Circle Officer-cum- Executive Magistrate, Patna.

9. The Excise Inspector, Patna.

10. The Inspector of Police-cum- Incharge, Chowk Thana, Patna City, Patna.

11. The I.O.-cum- Sub Inspector of Police, Chowk Thana, Patna City, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Ms. Shama sinha, Advocate For the Respondent/s : Mr. Kumar Manish- SC5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 25-08-2017 On account of the allegation that 300 m.l. and 500 m.l. of foreign liquor was seized from the premises of the petitioner, Chowk Thana P.S. Case No.141 of 2017 was registered for offences under Sections-272 and 273/34 of I.P.C.

read with Sections 37(D)/32(3)/38(2) of the Bihar Excise Amendment Act, 2016 and 68G of the Bihar Excise Amendment Act, 2016.

Patna High Court CWJC No.10021 of 2017 dt.25-08-2017 2/3 Seeking unsealing of the premises pending finalization of the criminal case and the confiscation proceeding and permitting the petitioner to run the business activity in the area, this writ petition has been filed.

From the counter affidavit filed by the respondents and rival contentions and the materials that have come on record we find that the allegation is with regard to seizure of foreign liquor from the business premises and without entering into the controversy and expressing any opinion with regard to the allegation made in the matter, interest of justice would be served in case the premises is directed to be unsealed and the petitioner permitted to carry on the business activity without any hindrance subject, however, to the condition that the premises shall not be alienated, dealt with in any manner adverse to the interest of the State as may be available in the confiscation proceedings and the criminal case.

Accordingly, we allow the application, direct unsealing of the business premises of the petitioner and permit the petitioner to carry on the business activities in the premises.

Patna High Court CWJC No.10021 of 2017 dt.25-08-2017 3/3 proceeding with the confiscation proceedings and the criminal case. With the aforesaid riders, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 31.8.2017 Transmission Date N/A