PINTOO KUMAR CHAUDHARY @ DHELA CHAUDHARY, S/O DHARMANATH CHAUDHARY Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, REGISTRATION, EXCISE & PROHIBITION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Having heard learned counsel for the parties, we find that the premises (room of the house) of the petitioner has been sealed by the police officials in connection with Manjhi P.S. Case No.206 of 2017 for violation of the Bihar Prohibition and Excise (Amendment) Act, 2016.

(2.) It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings properties have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.

(3.) In view of the above, pending criminal case or confiscation proceedings, we direct the District Magistrate-cumCollector, Saran, on the petitioner furnishing two surety bonds to the satisfaction of the District Magistrate-cum-Collector, Saran, to ensure that the house in question mentioned hereinabove from which 60 pieces of 180 ml foreign liquor has been recovered, is unsealed and possession handed over to the petitioner within a week, if not already auctioned, in connection with the aforementioned case, subject to the condition that the petitioner shall not alienate or deal with the house in question during the pendency of the confiscation and/or criminal case in any manner so as to create a third party interest or prejudice the right of the State in confiscation proceeding and/or criminal case. The property of the petitioner should be unsealed within a period of one week from the date of furnishing the surety bonds.