Patna High Court
Dhuri Choudhary vs The State Of Bihar on 17 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17126 of 2021
======================================================
Dhuri Choudhary S/o Mahesh Choudhary, R/o Vill. - Rajnitik Nagar Kamal
Bigha, P.S. - Rajgir, District - Nalanda at Biharsharif.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise and Prohibition
Department, Govt. of Bihar, Patna.
2. The Director General of Police, Govt. of Bihar, Patna.
3. The District Magistrate - Cum - Collector, Nalanda at Biharsharief
4. The Superintendent of Excise Prohibition, Nalanda at Biharsharief
5. The Superintendent of Police, Nalanda at Biharsharief
6. The S.H.O., Rajgir Police Station, Dist. - Nalanda at Biharsharief
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Kamal Deo Sharma
For the Respondent/s : Mr. Kumar Manish, S.C. 5
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 17-11-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) For issuance of an appropriate
direction/s, order/s, writ/s, to respondents
authorities to release and unseal the joint
residential house of the petitioner and restore the
possession of the same in favour of petitioner
which has been sealed in connection with Rajgir
P.S. Case No. 262/2021 on 28.07.2021 U/S 30 (a)
of Bihar Prohibition and Excise (Amendment) Act,
Patna High Court CWJC No.17126 of 2021 dt.17-11-2021
2018.
(ii) Further the issuance of other
appropriate writ/s, direction/s, order/s as may be
deem fit and proper."
It is submitted on behalf of petitioner that petitioner
is a disabled person and neither the illicit liquor was recovered
from his possession nor from that part of the house (room) in
which he along with his family members resides. Rather, the
illicit liquor has been recovered from that part of the house
(room) in which accused Lallu Choudhary, who is his brother,
resides. It is further submitted that the house in question is a
joint family property, and as there is no recovery of illicit liquor,
either from the possession of the petitioner or from his room, no
offence under the Excise Act is made out.
It is further submitted that 4 litre of country made
illicit liquor has been recovered from the room of the accused
Lallu Choudhary and for that Confiscation Case No. 262 of
2021 is going on.
In the facts and circumstances of the present case,
petitioner is directed to file a petition before the Confiscating
Authority/District Collector, Nalanda at Biharsharif, for
unsealing that part of the property in question which belongs to
Patna High Court CWJC No.17126 of 2021 dt.17-11-2021
the petitioner and other family members and proceed with the
confiscation case only with respect to that part of the house in
question which belongs to the accused Lallu Choudhary from
where the illicit liquor has been recovered.
The Confiscating Authority/District Collector,
Nalanda at Biharsharif, is further directed to unseal part of the
property in question (sealed in connection with Rajgir P.S. Case
No. 262/2021 on 28.07.2021) which belongs to the petitioner
and other family members (except accused Lallu Choudhary)
and hand over its possession to the petitioner on furnishing
adequate surety to the satisfaction of Confiscating Authority,
Nalanda at Biharsharif.
This writ petition stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/PKP-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
