RAM SUMIR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the present writ petition, the petitioner has sought for quashing of the sealing of his entire residential premises, as were done on 21.05.2016, pursuant to Annexure-1. The premises was sealed and pursuant to powers conferred on the authorities under Sec. 68 - G of the Bihar Excise Act, 1915, as amended with effect from 31.03.2016.

(2.) The primal question involved is : whether, in view of provisions of Sec. 68 G of the Bihar Excise Act, 1915 (hereinafter referred to as the Act), the authorities have jurisdiction to seal the entire premises, even though the alleged recovery of liquor, in the quantity exceeding prescribed limit, was found only in one of the rooms of the premises, which is in joint occupation of various family members.

(3.) Before dealing with the statutory provisions relevant to this writ petition, it is necessary to notice the facts of the case.