Patna High Court
Sheo Kumar Chhapolika vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20555 of 2021
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Sheo Kumar Chhapolika son of Late Lakhi Prasad Chhapolika, R/o Bhagwati
Complex, Variety Chowk, Jagdishpur, P.S.-Tatarpur, District-Bhagalpur,
Proprietor Shiv Priya Medical Store, 83A, M.P. Dwivedi Road, P.S.-Tatarpur,
District-Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration Excise and
Prohibition Department, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Bhagalpur.
3. The Superintendent of Police, Bhagalpur.
4. The Station House Officer, Tatarpur Police Station, District-Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Respondent/s : Mr.Vivek Prasad (GP-7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"For issuance of appropriate writ in the
nature of 'Mandamus' or any writ/writs, order/orders
commanding the respondents to unseal the Medicine
Shop of the petitioner namely "Shiv Priya Medical
Store" which has been sealed in connection with
Tatarpur P.S. Case No. 72/2021 registered under
section- 30(a) of the Bihar Prohibition and Excise Act,
2016."
Patna High Court CWJC No.20555 of 2021 dt.23-12-2021
Allegation is of recovery of Two beer Canes of 500
ml. each from the medical shop of the petitioner namely "Shiv
Priya Medical Store" (described as Shiv Priya Medical Hall in
the First Information Report), giving rise to Tatarpur P.S. Case
No. 72 of 2021 dated 05.04.2021 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
It is submitted on behalf of the petitioner that
petitioner has no concern with the seized liquor and perhaps the
same had been planted by some mischief monger with a view to
ruin the prestige of the petitioner. Also, confiscation proceeding
bearing number Miscellaneous (Excise Act) Case No. 64/2021
has been initiated and is pending before Sub-Divisional Officer,
Sadar, Bhagalpur.
In the facts and circumstances of the case, the
concerned District Magistrate/Confiscating Officer, Bhagalpur
is directed to provisionally unseal the Medicine Shop of the
petitioner, as detailed in the prayer portion (supra), and hand
over possession of the same to the petitioner, on the petitioner
depositing the original title deed of the property, in question, as
security with one surety to the extent of value of property as per
the circle rate with the concerned District Collector, or
Patna High Court CWJC No.20555 of 2021 dt.23-12-2021
Confiscating Authority.
Petitioner shall also file an undertaking that during
pendency of confiscation proceeding, no third party right or
interest will be created on the property liable for confiscation.
Petitioner undertakes to cooperate in the confiscation
proceedings.
With said observations and direction, this writ petition
is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
