Allowed

Chandrawati Kuer v. The State Of Bihar, Through Its Principal Secretary, Excise Department, Bihar, Patna and Ors.

Patna HC2 Jul 2018CR. WJC/1469/2018

Case brief

AI extract

What is this about?

The Patna High Court granted a provisional release of the petitioner's house premises sealed by the police in connection with liquor manufacturing allegations, conditioned upon surrendering title documents and providing an undertaking not to use the property for illegal purposes.

What did the court decide?

Provisional release of the petitioner's house premises with conditions regarding title documents, non-alienation, and preparation of photographic evidence.

Chandrawati Kuer Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1469 of 2018

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====================================================== Chandrawati Kuer W/o Late Vikrama Choudhary, R/o Vill.- Katokhar, P.S.Manjhi, District- Saran.

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.... .... Petitioner/s Versus

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The State of Bihar, Through Its Principal Secretary, Excise Department, Bihar, Patna.

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The Divisional Commissioner, Excise Department, Saran Division, Saran.

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The District Magistrate, Saran.

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The Superintendent of Police Saran.

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The Officor In Charge Manjhi, P.S.- District- Saran.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh For the Respondent/s : Mr. Kumar Manish (Sc 5)

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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3 02-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

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Petitioner has prayed for release of his house premises situated at Village Katokhra, P.S. Manjhi, District Saran, which has been sealed by the police in connection with Manjhi P.S. Case No. 151/17, District Saran, for violation of Sections 272 & 273 of the Indian Penal Code and 30(a), 30(d) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 6 litre of country-made liquor is said to have been recovered from the house in question.

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Learned counsel for the petitioner submits that till date no confiscation proceeding has been initiated and the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the house in question.

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Patna High Court Cr. WJC No.1469 of 2018 (3) dt.02-07-2018

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Page 2 of 2

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Considering the facts and circumstances, pending finalization of the confiscation proceeding which is likely to be initiated, let the house of the petitioner in question be desealed provisionally and possessions be given to the petitioner within one week from the date of production of the original documents of title in respect of the house in question or any other equivalent surety to the satisfaction of the District Magistrate, Saran, subject to the following conditions:-

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(i) The petitioner shall also give an undertaking that he will not deal with the house in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State; he will not use the house for any illegal purpose.

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(ii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and Panchnama of the house in question shall also be prepared and the same be kept on record which may be used as a secondary evidence.

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(iii) The Petitioner undertakes not to challenge the photograph and Panchnama so prepared in his presence at the time of desealing of the house in question for use in course of trial or the confiscation proceeding, as the case may be.

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The application stands disposed of.

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(Rajeev Ranjan Prasad, J)

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A.K.V./-

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U T

Chandrawati Kuer v. The State Of Bihar, Through Its Principal Secretary, Excise Department, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Chandrawati Kuer v. The State Of Bihar, Through Its Principal Secretary, Excise Department, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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