Beni Prasad Khemka vs The State Of Bihar
2022 Latest Caselaw 2579 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5282 of 2022
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Beni Prasad Khemka, S/o Mahavir Prasad Khemka, R/o-Flat no.211 Shanti Vihar, Apartment Frazer Road near L.I.C. Builing, P.S.-Kotwali, District- Patna (Bihar)

... ... Petitioner/s Versus

1. The State of Bihar, through Principal Secretary, Department of Excise and Land Reforms Old Secretariat, Patna, Bihar.

2. The District Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The S.H.O. Agamkuna, Dist.-Patna.

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

For the Petitioner/s : Mr.Praveen Kumar, Advocate For the Respondent/s : Mr.Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 09-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"for issuance of writ in the nature of mandamus or any other appropriate writ or direction to the respondent no.2 to release the life saving medicines from the Warehouse/Godown situated at Hemanti Market, Chhoti Pahadi P.S.- Agamkuan, which has been sealed by the police in connection with Agamkuan P.S. Case No. 40/2022 dated 19/01/2022 registered U/s 30(a), 37(c), 32, 33,34,36, 41(i) of Bihar Prohibition of Excise Amendment Act, 2018 since the medicines is life essential drugs going Patna High Court CWJC No.5282 of 2022 dt.09-05-2022

to expire during pendency of first information report."

ii. For any other appropriate writ or direction to the respondent for which the petitioner is otherwise entitled under law."

As recovered and seized medicines 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 medicines 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 medicines 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) Ashwini/-

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