Sunil Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21339 of 2018 ====================================================== Sunil Singh son of Late Kuldip Singh, R/o village- Kurma, P.S.- Nagar, District- Nawada ... ... Petitioner

Versus

1. The State Of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar

2. The District Magistrate, Nawada

3. The Superintendent of Police, Nawada

4. The S.H.O. Nagar Police Station, Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratyush Kumar For the Respondent/s :

Mr. Vikash Kumar- Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 03-12-2018 Heard learned counsel for the petitioner and learned counsel representing 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 Nagar P. S. Case No. 327 of 2018 dated 19.05.2018 registered under Sections 25(1b)a, 26/35 of the Arms Act and Section 30(a) of Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that as per the allegations, 50 liters of illicit liquor have been recovered from the House. It is submitted that the confiscation proceeding

Patna High Court CWJC No.21339 of 2018(2) dt.03-12-2018 2/3 for the property in question is pending.

Learned counsel for the State is present.

Considering the facts and circumstances of the case where it is said to be a residential house under seizure for last six months 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 pursuant to Nagar P. S. Case No. 327 of 2018 dated 19.05.2018, 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, Nawada.

On submission of the original title deed of the property in question with the surety, the House shall be de-sealed and possession be handed over within one week thereof. The title deed deposited by the petitioner shall be kept in safe custody of the Confiscating Authority. The owner of the property shall undertake 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.21339 of 2018(2) dt.03-12-2018 3/3 The application is allowed to the extent as stated hereinabove.

(Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) avin/- U