Unique Supply Solutions vs The State Of Bihar
2022 Latest Caselaw 2539 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.4884 of 2022
     ======================================================

Unique Supply Solutions Through its Proprietor Rakesh Kumar Singh (Age-

46 Years, Gender- Male), Son of Nand Kishore Singh, Resident of -

Meenakshi Apartment, Flat No. 207, Dabar Gali, Kumhrar, P.S. - Agamkuan,

District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary Excise Department,

Government of Bihar, Patna.

2. The District Magistrate, Nalanda.

3. The Superintendent of Police, Nalanda.

4. The Inspector - cum- S.H.O., Dipnagar Police Station, Nalanda.

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

For the Petitioner/s : Mr.Man Mohan Kumar, Advocate 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) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 06-05-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.4884 of 2022 dt.06-05-2022

As recovered and seized articles (1363 pieces of Excide

Battery) 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

articles (1363 pieces of Excide Battery) during pendency of

trial.

Patna High Court CWJC No.4884 of 2022 dt.06-05-2022

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 articles

(1363 pieces of Excide Battery), the Special Court (Excise) shall

dispose of such petition within 30 days from its filing.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

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