Ram Chandra Chaudhary v. The State Of Bihar Through Its Chief Secretary Old Secretariat, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2517 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- AURANGABAD ===========================================================
1. Ram Chandra Chaudhary, S/o Late Balkeshwar Chaudhary, Resident of Village- Khaira Bishanpur, P.S.- Kutumba, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar Through Its Chief Secretary Old Secretariat, Patna.
2. The Principal Secretary, Department of Excise, Bihar, Patna.
3. The Principal Secretary, Home Police, Bihar, Patna.
4. The District Magistrate-cum-Collector, Aurangabad, District- Aurangabad.
5. The Superintendent of Police, Aurangabad, District- Aurangabad.
6. S.H.O. Kutumba P.S., District- Aurangabad. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Nitu Kumari, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-12-2017 Heard learned counsel for the parties.
2. The house of the petitioner situated in Mauza Khaira Bishunpur, P.S. Kutumba appertaining to Thana No.278, Khata No.40, Kheshra No.50, Area-28 was sealed in connection with Kutumba P.S. Case No.48 of 2016 registered for the alleged violation of the Bihar Excise Law.
3. Submission of the learned counsel for the petitioner is that the power of the executive authority to confiscate the vehicle/house and its confiscation and auction would amount to pretrial punishment, which is not permissible in law and the same issue is pending consideration before a larger Bench of this Court in LPA
Patna High Court Cr. WJC No.2517 of 2017 dt.06-12-2017 P2/ 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 circumstances has ordered unsealing of the premises.
4. After hearing the parties and considering the fact that similar issue is pending before the larger Bench of this Court, let the referred house of the petitioner be unsealed and possession thereof be handed over to the petitioner, on the petitioner's filing an undertaking that they would not dispose of the same or put under encumbrance without permission of the learned Courtbelow/authority concerned where the case is pending.
5. Let operation of the Confiscation Proceeding in connection with Excise Case No.131 of 2016 remain in abeyance till disposal of the L.P.A. aforesaid and shall be subject to the result of the L.P.A. aforesaid.
6. With the aforesaid observation, this application stands disposed of.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date08.12.2017 Transmission Date 08.12.2017