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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Neelam Devi Wife of Rajesh Sharma – Appellant
Versus
State of Bihar, Through the Principal Secretary, Department of Home (Police) Government of Bihar – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
Counter affidavit has been filed on behalf of respondent nos. 1 to 5 which is taken on record.
2. Heard learned counsel for the parties.
3. The instant writ petition has been filed on behalf of the petitioner for issuance of an appropriate writ/writs, order/ orders, direction/directions to the respondent authorities to unseal/unlock the house of the petitioner which has been locked/ sealed without making aware the petitioner any reason for locking the same on 31.01.2022.
4. Briefly stated, the facts of the case are that Jehanabad P.S. Case No. 797 of 2019, dated 06.10.2019 was instituted for the offences under Section 30(a) of Bihar Prohibition and Excise Act (Amendment) Act, 2018 with allegation that son of the petitioner has kept India made foreign liquor in his house and selling the same. A raid was conducted and son of the petitioner was apprehended. The house of the petitioner was searched and recovery of total 8.25 litres of Indian made foreign liquor was made from the house of the petitioner. It further transpires the part of the house of the petitioner was sealed on 31.01.2022 and the petitioner was told verbally that as the recovery of illicit was
Petitioner may file for de-sealing under Rule 12B, with statutory obligations outlined for timely decisions.
The petitioner is entitled to the release of the seized property due to lack of evidence connecting him to the offense.
Point of law : Interfering with the sealing/closing of the Petitioners’ factory premises would not effect or hamper the investigation so carried out.
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