Md. Najim vs The State Of Bihar
2022 Latest Caselaw 4340 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.10940 of 2022
     ======================================================

Md. Najim Son of Maroof Husain, Resident of Village- Lalbara, Dingarpur,

P.S.- Mainather, District- Moradabad (Uttar Pradesh).

... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department,

Government of Bihar, Patna.

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

3. The District Magistrate, Sitamarhi.

4. The Superintendent of Police, Sitamarhi.

5. The Sub Inspector Excise, Sitamarhi.

6. The Excise Police, Sitamarhi, District- Sitamarhi.

... ... Respondent/s

====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s : Mr.Birendra Kumar, Adv For the Respondent/s : Mr.Vivek Prasad ( GP 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

Date : 05-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.10940 of 2022 dt.05-08-2022

As recovered and seized goods i.e. (Gauzethan, Pillow

cover, Mosquito Net, Hospital Blanket Pure Wood bedsheet, bed

cover etc) are 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 seized Patna High Court CWJC No.10940 of 2022 dt.05-08-2022

goods i.e. (Gauzethan, Pillow cover, Mosquito Net, Hospital

Blanket Pure Wood bedsheet, bed cover etc) during pendency of

trial.

The writ petition is disposed of with liberty to

petitioner to file a petition before the Special Court (Excise)

where the excise case is pending under section 451 of Cr.P.C.

and if any such petition is filed for release of seized goods i.e.

(Gauzethan, Pillow cover, Mosquito Net, Hospital Blanket Pure

Wood bedsheet, bed cover etc), the Special Court (Excise) shall

dispose of such petition within 30 days from its filing.

(Sanjay Karol, CJ)

(S. Kumar, J)

ranjan/-

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