TRIPURARI PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents to bring on record the order passed by the respondent No.2 by which the premises of the petitioner, namely, M/s C.D.P Laboratories, Sultanganj Road, Khijuria, Deoghar (hereinafter referred to as ..the said premises..) situated at Plot No. 50, Mouza-Khijuriya, No. 420, P.S-Mohanpur, District-Deoghar, measuring an area of 01 acre was ordered to be sealed. The petitioner has also prayed for quashing the order of seizure passed by the respondent No.2 with respect to the said premises.

(2.) Mr. Indrajit Sinha, learned counsel for the petitioner, submits that on 25/4/2014, a lease deed was executed by the petitioner in favour of his son- Devendra Kumar for a period of five years commencing from 25/4/2014 till 31/3/2020 to start manufacturing and trading of Allopathic medicines in the said premises. Thereafter, Devendra Kumar started the said business over the leased property in the name and style of M/s C.D.P Laboratories. On 14/2/2017, an FIR was lodged against one Utam Kumar and the petitioner's son-Devendra Kumar @ Devendra Yadav under Ss. 272/273/379/411 IPC and Sec. 47(a) of the Jharkhand Excise Act, 1915. Thereafter, Devendra Yadav @ Devendra Kumar filed an application before the Sub-Divisional Judicial Magistrate, Deoghar for unsealing of the said premises in connection with Mohanpur P.S. Case No. 32/2017 (G.R. No. 268/2017), however, the same was dismissed vide order dtd. 3/10/2019. Aggrieved with the said order, Devendra Kumar preferred Cr. Revision No. 206/2019 in the Court of the learned Sessions Judge, Deoghar, which was also dismissed vide order dtd. 25/6/2020 with following observations:

(3.) Learned counsel for the petitioner further submits that from the aforesaid observations made by the learned Sessions Judge, Deoghar, it would be evident that the said premises was not locked or sealed in connection with the criminal case registered against the petitioner's son i.e. Mohanpur P.S. Case No. 32/2017. In the meantime, the petitioner's son preferred appeal being Appeal Case No. 01/2020 in the Court of the Excise Commissioner, Jharkhand, Ranchi for setting aside the order passed by the respondent No.2 regarding confiscation of goods and valuables lying in the said premises and Dew Water Plant adjacent thereto. The Excise Commissioner, Jharkhand, Ranchi vide order dtd. 17/8/2021, after examining the documents available on record, observed that no specific order for sealing of the said premises was passed by any competent authority. He also acknowledged the observation made by the learned Sessions Judge, Deoghar in Cr. Rev. No. 206/2019 that locking of the said premises was not done in connection with Mohanpur P.S. Case No. 32/2017. It is also submitted that since the order of sealing was not passed in connection with Mohanpur P.S. Case No. 32/2017, the prayer of the petitioner's son was not considered by the Excise Commissioner, Jharkhand, Ranchi giving him liberty to approach the respondent No.2 or any other competent authority for redressal of his grievance. Thereafter, Devendra Kumar filed Misc. Petition No. 19/2021-22 in the Court of the respondent No.2 for unsealing of the said premises so as to remove the valuable articles therefrom as well as for directing the Excise Department to destroy the expired medicines which may be found inside. The said case was taken up by the respondent No.2 on 23/11/2021 and notice was issued to the Excise Superintendent, Deoghar to appear in the same.