BISHWANATH PAUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for a direction to the concerned respondent to immediately and forthwith remove the seal of the building standing on Khata no. 258, plot no. 943 of Mouza- Gopalpur, P.S.- Ghatsila, East Singhbhum, which has been sealed in connection with Ghatsila P.S. Case No. 26 of 2013 instituted under Sections 420, 467, 468, 471, 472 and 120-B of the Indian Penal Code and Section 3/6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (hereinafter referred to as "the Act").

(2.) Bereft of unnecessary details, the facts, which are necessary to be stated, are that the petitioner is the owner of the house situated at plot no. 943 of Khata no. 258 of Mouza Gopalpur, Survey Thana no.113, P.S.-Ghatsila, District- East Singhbhum and a portion of the house in question was given on monthly tenancy to one Company namely Equinox Land Projects India Ltd. and in lieu of that an agreement for monthly tenancy was entered between the petitioner and the Managing Director of the aforesaid company on 11th August, 2010 on payment of monthly rental of Rs.7,500/-. One of the terms of the agreement was that the tenancy will terminate on 30.06.2013. On 30.04.2013, at the instance of the Block Development Officer, Ghatsila, the aforesaid case was lodged against the officers and other employees of Equinox Land Projects Ltd. and also against other companies on the ground that the several chit fund companies are doing business and are trying to cheat the public at large by floating several schemes without taking any prior permission either from the Reserve Bank of India or SEBI. The informant along with police personnel after enquiry searched the premises of Equinox Land Projects India Ltd. and found that this company was also engaged in collecting money through recurring deposits and was cheating the public. Whereafter, the team including the informant seized several documents and seizure list was prepared. The Branch Manager of the said Company was arrested. Similarly, the premises of other companies were also searched. After completion of search, the premises wherein the financial institutions had their offices were sealed by the police personnel on 30.04.2013 and since then the petitioner's premises is under seal.

(3.) Learned counsel Mr. Parthsarthi appearing for the petitioner submitted that the premise in question was given on monthly tenancy basis to the said company Equinox Land Projects India Ltd. but the police after search of the premise forcefully sealed the premise of the petitioner on 30.04.2013. It was also contended that the police has got no power to seal any premises in connection with any case under any of the provision of the Code of Criminal Procedure and that even if the said company had committed any wrong or financial irregularity or had not taken prior permission of competent authority to run business, for that the premise cannot be sealed. The tenancy agreement had expired long back and after expiry, the said company Equinox Land Projects India Ltd. is no more a tenant of the petitioner and knowingly the police even after request refused to open the seal. Hence, the petitioner has prayed for removal of the seal from his house.