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P. B. BAJANTHRI, ARUN KUMAR JHA
Sanjeev Kumar – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J. – Learned counsels for the respective parties have been heard on the last date of hearing.
2. The petitioner has filed the instant writ petition for a direction to the respondent authorities to unseal/unlock the house of the petitioner, which has been sealed/locked by the respondent authorities in connection with Excise Case No.741 C2/2017 dated 30.10.2017, instituted under Section 30 (a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’) against the son of the petitioner.
3. Briefly stated, the case of the petitioner is that on the basis of secret information received by the Excise Department that in the house of accused Piyush Kumar @ Bittu, son of the petitioner, huge quantity of India made foreign liquor was illegally stored, a raid was conducted in that house and total 720 liters of India made foreign liquor was recovered from two rooms of the said house and the house was locked by the excise officials. Thereafter, Excise Case No.741 C2/2017 has been registered under Section 30 (a) of the Act against Piyush Kumar, son of the present petitioner. Aggrieved by the action of the respondent authorities in sealing/locking the house and
The petitioner is entitled to the release of the seized property due to lack of evidence connecting him to the offense.
Confiscation of properties under the Bihar Prohibition and Excise Act requires proof of owner's involvement in the offense; a lack of such proof invalidates the confiscation.
Petitioner may file for de-sealing under Rule 12B, with statutory obligations outlined for timely decisions.
The court allows a petitioner to seek relief under statutory provisions for de-sealing property seized for illicit activities, ensuring a timely decision from authorities.
The Court permits the petitioner to file a release petition under the Bihar Prohibition and Excise Rules, facilitating a fair consideration process by the authority.
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