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2018 DIGILAW 525 (PAT)

Sidheshwar Mochi v. State of Bihar

2018-03-23

RAJENDRA MENON, S.KUMAR

body2018
ORDER Respondents to file counter affidavit within four weeks. 2. Having heard learned counsel for the parties, we find that the godown of the petitioner bearing Khata No. 75, Khesra No. 420, Area-4 Kattha, Anchal-Fatuha, Mauza- Govindpur Dariya, Thana No. 22, has been confiscated vide order dated 02.11.2017 passed in Confiscation Case No. 385 of 2017-18 by the District Magistrate, Patna, which was seized by the police officials in connection with Fatuha P.S. Case No. 141 of 2017 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. 3. The issue in question with regard to power of the District Magistrate to confiscate has been referred to the Larger Bench in L.P.A. No. 1647 of 2015. Since the very issue is pending consideration before the Larger Bench, we deem it appropriate to direct the District Magistrate, Patna to ensure that the godown in question mentioned hereinabove, is unsealed and possession handed over to the petitioner, on furnishing title deed alongwith two local sureties to the satisfaction of District Magistrate, Patna, in connection with the aforementioned case, subject to the condition that the petitioners shall not alienate or deal with the house in question in any manner so as to create a third party interest or prejudice the right of the State in confiscation proceedings. The godown of the petitioners shall be unsealed and possession handed over to the petitioners within one week from the date of furnishing the title deed alongwith two local sureties. 4. List the matter for analogous hearing along with L.P.A. No. 1647 of 2015.