- (1.) INTERLOCUTORY Application No. 883 of 2013 has been filed by Bihar State Industrial Development Corporation Ltd. (for short B.S.I.D.C). The grievance of B.S.I.D.C. is that the Certificate Officer has permitted B.S.I.D.C. to take the books of accounts and relevant cheque books and Deputy Commissioner, Ranchi has allowed only one hour time to B.S.I.D.C. to take the relevant books of accounts and cheque books from the premises whereas B.S.I.D.C. wants about 15 days time. It appears that in the said I.A., the date of order of this Court has wrongly been mentioned. Inadvertently, at some places it has been mentioned as 30 -10 -2013 in place of 30 -01 -2013.
(2.) LEARNED counsel for the State vehemently submitted that there is apprehension that some other materials may be taken away by the officers of B.S.I.D.C. in the garb of the order of this Court dated 30 -01 -2013. Therefore, the premises cannot be open for 15 days. During this period, there is every possibility that other saleable commodities which are to be auctioned, can also be removed.
(3.) THE dispute is absolutely unnecessary. The order of this Court dated 30 -01 -2013 is very clear permitting B.S.I.D.C. to take the books of accounts and cheque books only and for that purpose neither 15 days' time can be required nor it may be done within one hour, if B.S.I.D.C. is required to search out the books of accounts and cheque books etc. Therefore, the Deputy Commissioner, Ranchi is directed to facilitate the compliance of the order of this Court dated 30 -01 -2013 and should take practical approach and may depute any person/officer, who shall remain present at the time when locks are opened and the officers, whose name may be given by B.S.I.D.C. to the Deputy Commissioner, Ranchi, will be permitted to enter into the premises for the purpose of taking the books of accounts and relevant cheque books. The apprehension of the Deputy Commissioner, Ranchi that other goods may be removed, may not be well founded in view of the fact that it is not a private dealing. It is known to everybody that unauthorized and illegal removal of the property from the attached property amounts to theft also and therefore, immediately, a person removing the attached property can be prosecuted also.;