Shital Prasad v. The State Of Bihar Thorugh Principal Secretary, Excise Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1278 of 2017 ====================================================== Shital Prasad, S/o Late Baldeo Prasad, Resident of Sutihara, P.S. - Parihar, District - Sitamarhi .... .... Petitioner

Versus

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

2. The District Magistrate, Sitamarhi

3. The Superintendent of Police, Sitamarhi

4. Officer-Incharge, Parihar, P.S.- Sitamarhi .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Shiva Shankar Sharma, Advocate For the Respondents : Mr. Anil Kumar Sinha (GA-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-09-2017 Heard learned counsels for the parties.

This writ application has been preferred for quashing the order dated 14.07.2017 passed by the District Magistrate, Sitamarhi in Confiscation Case No. 229 of 2017 arising out of Parihar P.S. Case No. 86 of 2017, a case instituted for alleged violation of the Excise Laws.

Submission of the learned counsel for the petitioner is that the issue whether the Executive Authority have power to confiscate and seal the house seized in connection with the aforesaid case which power is exercisable only by a Judicial Authority is sub judice before a large Bench of this Court in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.). In the circumstances, till the decision of the L.P.A. aforesaid, further

Patna High Court Cr. WJC No.1278 of 2017 (2) dt.06-09-2017 2 /2 proceeding of Confiscation Case No. 229 of 2017 arising out of Parihar P.S. Case No. 86 of 2017 may kindly be stayed and the house be unsealed by way of interim measure.

Since the authority of the confiscation officer is under challenge before a Larger Bench of this Court in the referred L.P.A., it is directed that operation of the impugned order shall remain stayed till disposal of the L.P.A. aforesaid and shall be subject to the result of the L.P.A. aforesaid. Considering the facts and circumstances of the case, let the respondents immediately unseal the house of the petitioner and hand over its possession to the petitioner, subject to the result of L.P.A.

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

(Birendra Kumar, J) Kundan/- U T