Sumitra Devi @ Gayatri Devi vs The State Of Bihar
2021 Latest Caselaw 6433 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20294 of 2021
     ======================================================

Sumitra Devi @ Gayatri Devi Wife of Krishna Kumar @ Krishna Ray Resident of Saidpur Kurji Kothiya, Sadaquet Ashram, P.S. - Digha, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Excise Commissioner, Bihar, Patna.

4. The Inspector General of Police, Bihar, Patna.

5. The District Magistrate/ Collector, Patna.

6. The Superintendent of Police, Patna.

7. The Officer - In- Charge of Digha Police Station, District - Patna.

8. The Investigation Officer of Digha P.S. case no. 388/2021, Digha Police Station, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Anuj Kumar, Advocate For the Respondent/s : Mr.Kumar Manish (SC 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

Date : 23-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

" (A) A writ in the nature of mandamus or any other appropriate writ/writs, order/orders, direction/directions commanding the respondents for the following:

(I) To release the cash amount of Rs.1,43,6900/- in favour of the petitioner which was seized from the house of petitioner on 16.07.2021 during course of alleged search Patna High Court CWJC No.20294 of 2021 dt.23-12-2021

made in connection with Digha P.S. Case No. 388/2021 registered for the offence under section 30(a) of Bihar Prohibition and Excise Act 2018.

(B) To any other relief/reliefs for which the petitioner found entitled to."

As recovered and seized cash is not liable for

confiscation under section 56 of the Excise Act, as such, bar of

jurisdiction in confiscation under section 60 of the Excise is not

applicable and the special court excise has jurisdiction to pass

order for release of cash during pendency of trial.

Petitioner would be at liberty to file a petition

before the special court excise under section 451 of Cr.P.C. and

if any such petition is filed for release of cash the special court

excise shall dispose of such petition within 30 days from the

date of its filing.

Petition stands disposed of with the aforesaid

observations/directions.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          24.12.2021
Transmission Date