Patna High Court
Shambhu Sah vs The State Of Bihar on 18 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10058 of 2020
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SHAMBHU SAH, Son of Shankar Sah, Resident of Jawahar Chowk, Mahua,
P.s.-Mahua, District-Vaishali
... ... 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, Vaishali at Hajipur
6. The Superintendent of Police, Vaishali at Hajipur
7. The Officer-In-Charge of Mahua Police Station, District-Vaishali
8. The Investigation Officer of Mahua P.S. Case no. 01/2020, Mahua Police
Station, District-Hajipur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Respondent/s : Mr. Vivek Prasad, GP-7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-01-2021
Heard the parties.
Petitioner has prayed for following relief:-
" to release the cash amount of Rs.63,600/- in
favour of the petitioner which was seized from
the house of petitioner on 01.01.2020 during
course of alleged search made in connection with
Patna High Court CWJC No.10058 of 2020 dt.18-01-2021
Mahua P.S. Case No. 01/2020 registered for the
offence under section 30(a), 32(ii), 34(ii), 38(ii),
41(i) of Bihar Prohibition and Excise Act 2016."
Informant is a police officer who has alleged in his
self-statement that on 01.01.2020, he received an information to
the effect that Saroj Rai and Vijay Rai have stored illicit liquor
near a canal situated in the village Bishunpur Taraura
whereupon he reached there and recovered total 420 litre and
120 ml of Indian Made Foreign Liquor. Subsequently, the
informant received an information to the effect that Shambhu
Sah and Arjun Kumar have kept liquor in their house. After
having received such information, the informant raided the
house along with other police personnel and on search of his
house illicit foreign liquor was recovered along with cash of Rs.
65000/- and Shambhu Sah and Arjun Kumar were arrested. The
illicit liquor and cash were seized for which FIR was lodged
giving rise to Mahua P.S. Case No. 01 of 2020 for offence under
Sections 30(a), 32(ii), 34(ii), 35(ii), 41(ii) of the Bihar
Prohibition and Excise Act, 2018.
Since the recovered and seized cash is not liable for
confiscation under section 56 of the Excise Act, as such, bar of
Patna High Court CWJC No.10058 of 2020 dt.18-01-2021
jurisdiction in confiscation under section 60 of the Excise Act is
not applicable and the concerned Special Court, Excise has the
jurisdiction to pass order for release of cash during pendency of
trial.
The writ petition is disposed of with liberty to
petitioner to file a petition before the concerned Special Court,
Excise under Section 451 of Cr.P.C. and if any such petition is
filed for release of cash in question, the concerned Special
Court, Excise shall disposed of such petition within 30 days
from its filing.
(Sanjay Karol, CJ)
( Prabhat Kumar Singh, J)
Ashwini/-Anil
AFR/NAFR
CAV DATE
Uploading Date 19.01.2021
Transmission Date
