MANOJ KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by the petitioner for directing the respondents to unseal the shops of the petitioner, which have been sealed on the instruction of the Sub-divisional Officer, Saharsa, Sadar on 17.06.2017 pursuant to institution of Saharsa Sadar P.S. Case No.607 of 2017 dated 17.06.2017 against his tenant Dilip Kumar Raja @ Pappu.

(2.) Learned counsel appearing for the petitioner submitted that on 16.06.2017, an inspecting team headed by the Sub-divisional Officer, Saharsa, Sadar raided the rented shops of one Dilip Kumar Raja @ Pappu situated at Refugee Colony, Saharsa wherein business of cement sale was conducted in the name of Harsh Enterprises. On inspection, it was found that the shop owner Dilip Kumar Raja had been mixing expired cement in new bags of cement. Accordingly, Saharsa Sadar P.S. Case No.607 of 2017 dated 17.06.2017 was registered against Dilip Kumar Raja and others. A search-cum-seizure list was prepared and the shops were sealed. He submitted that petitioner has not made an accused in the case. The named accused Dilip Kumar Raja, a tenant in the house of the petitioner has already been released on bail. However, the shops have not been unsealed till date.

(3.) A counter affidavit has been filed on behalf of the respondent no.3 wherein it is stated that since the petitioner had given the two shops on rent from where illegal activities were being carried, the Sub-divisional Officer, Saharsa, Sadar sealed the godown and arrested the accused persons. In another counter affidavit filed on behalf of respondent no.8 to 10, it is stated that the Building Construction Department is only a formal party in the case and the Assistant Engineer, Building Construction Department being member of inspection-cum-raiding team in leadership of the SDO, presented written report of the factual situation present at the spot to the SHO, Sharasa Police Station, who had also come to the spot.