Surendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18251 of 2018 ====================================================== Surendra Prasad Singh, Son of Late Ram Lakhan Singh, Resident of VillageRajendranagar, Ward No.20, P.S.- Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate cum Collector, Khagaria. 3.

S.D.O., Khagaria.

4.

The Officer In-charge, Khagaria 'Chitraguptanagar', P.S. Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Kishor Poddar, Advocate For the Respondent/s :

Mr. Vivek Prasad- GP7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 11-03-2019 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 Khagaria (Chitraguptanagar) P.S. Case No. 567 of 2017 registered under sections 30(a) and 38 of the Bihar Prohibition and Excise Act. The seizure list shows recovery of 10.125 liters IMFL. Learned counsel for the petitioner submits that

Patna High Court CWJC No.18251 of 2018 dt.11-03-2019 2/3 petitioner is the owner of the residential house. It is also submitted that the confiscation proceeding 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.

Considering the facts and circumstances of the case where it is said to be a residential house under seizure for more than one and half years and the petitioner is ready to furnishing adequate security to safeguard the interest of the State, following the consistent views of the Division Bench of this Court, we direct that pending initiation and disposal of the confiscation proceeding, the shop of the petitioner in question be unsealed 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 cum-Collector, Khagaria.

The owner of the property shall give an undertaking that she will not deal with the property in question and shall not create any third party interest whatsoever in the meanwhile. On submission of the original title deed of the

Patna High Court CWJC No.18251 of 2018 dt.11-03-2019 3/3 property in question together with the surety and the undertaking as mentioned above, the shop 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 District Magistrate-cum-Collector, Khagaria and shall be subject to final outcome in the confiscation proceedings.

The application is allowed with the observations and directions set out hereinabove.

(Jyoti Saran, J) ( Arvind Srivastava, J) shailendra/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 02.04.2019 Transmission Date N/A