Patna High CourtCR. WJC/1826/2017disposed

Ram Balak Yadav v. The State Of Bihar Through Principal Secretary, Excise Department, Old Secretariat, Patna And ORS

2017-10-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1826 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SEKHPURA ===========================================================

1. Ram Balak Yadav, Son of Radhey Yadav, resident of Adarsh Nagar Girihinda, Police Station- Sheikhpura, District- Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Excise Department, Old Secretariat, Patna.

2. The Excise Superintendent, Sheikhpura.

3. The Deputy Excise Superintendent, Sheikhpura.

4. The District Magistrate, Sheikhpura.

5. The Excise Chemical Examiner, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 17-10-2017 Heard learned counsel for the parties.

2. Foreign liquor was recovered from the first floor of the house of the petitioner. The said house was seized in connection with Excise Case No.419 of 2017.

3. Submission of the learned counsel for the petitioner is that the power of the executive authority to confiscate the vehicle/house is under challenge before a larger Bench of this Court in LPA No.1647 of 2015 (Baleshwar Roy V. The State of Bihar & Ors.) and considering the aforesaid pendency another Division Bench of this Court in Cr.W.J.C. No.605 of 2016 in similar

Patna High Court Cr. WJC No.1826 of 2017 dt.17-10-2017 P2/ circumstances has ordered unsealing of the premises.

4. After hearing the parties and considering the aforesaid factual position, let the respondent authorities immediately unseal the house of the petitioner and handover the possession of the same to the petitioner. The unsealing would be subject to the result of the pending L.P.A. aforesaid.

5. With the aforesaid observation, this application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.10.2017 Transmission Date 19.10.2017