BALMIKI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two petitions arise out of Vigilance P.S.Case No.62 of 2009 pending before Special Judge, Patna. They have been heard together and are being disposed of by this common order.

(2.) The Criminal Writ Petition has been filed by Balmiki Singh, his wife and their two sons out of whom Smt. Indra Devi wife of Balmiki Singh, Balmiki Singh himself and his son Samarjeet Kumar, have preferred the Criminal Revision Petition also. The Criminal Writ Petition has been filed for issuing the writ in the nature either of certiorari or mandamus for quashing the seizure list-cum-inventory dated 12.06.2009 under which cash amounting to rupees Twenty lakhs and some important documents as also Tata Indica vehicle bearing registration no.BR-IX-8245 were seized. The further prayer is to issue suitable directions for initiating appropriate legal action against the erring respondents who were the officials of the Vigilance Department, Bihar with further directions to the Government of Bihar to provide suitable compensation to petitioners as they had been unnecessarily agonized mentally and had been put to economic loss besides being abashed in the society.

(3.) The above reliefs have been sought for under the facts that the officers of the Vigilance Department who are respondents no.10 to 13 entered inside the house of the petitioners and conducted a search of it during which course rupees Twenty lakhs in cash with some documents as per seizure memo were recovered as per inventory-cum-seizure list(Annexure- 6). Other articles were also found there and they were all seized and a copy of the seizure list was handed over to petitioners Balmiki Singh and his two sons. Out of the total seized amount, some part of it was returned to the petitioner Balmiki Singh and the remaining sum of money was kept by the Vigilance Department.