Avon Rims Private Limited vs The State Of Bihar Through The ...
2021 Latest Caselaw 3807 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12899 of 2021
     ======================================================

Avon Rims Private Limited, Registered Office Focal Point, Phase - VIII, Chandigarh Road, Ludhiana and Works at 69, Industrial Area - I, Chandigarh represented through its authorized representative Rakesh Kumar, aged about 44 years, Gender - Male, Son of Paras Nath Prasad, Resident of Club Road, Near Gurudwara, Muzaffarpur - 842002, Bihar.

... ... Petitioner/s Versus

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

2. Excise Commissioner cum I.G. Registration, Bihar Patna.

3. The District Magistrate, Saran.

4. The Superintendent of Police, Saran.

5. The Officer - in - Charge, Manjhi P.S., District Saran.

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

For the Petitioner/s : Mr.Shashank Chandra, Advocate Mr. Rohan Priyam Sahay, Advocate Ms. Ankita Raj Sahay, Advocate For the Respondent/s : Mr.Vikash Kumar ( S.C.11 ) ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 29-07-2021

Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):-

"That this is an application praying for issuance of a writ in the nature of a writ of Mandamus, or any other appropriate writ(s), order(s) direction(s) commanding the respondents to forthwith release the 80 (Eighty) bundles of Cycle Rims of the petitioner seized in connection with Manjhi P.S. Case No. 111 of 2018 dated 22.05.2018 registered under Sections 188, 420 IPC and Section 30, 30(a), 38 Bihar Prohibition and Excise Act, 2016 in favour of the petitioner or for Patna High Court CWJC No.12899 of 2021 dt.29-07-2021

issuance of any other appropriate writ(s), order(s) direction(s) for which petitioner may be deemed to be entitled under the facts and circumstances of the case."

As recovered and seized 80 bundles of Cycle Rims 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 Cycle Rims 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 Cycle Rims, 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) veena/-

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