M/S Zenith Corporation vs The State Of Bihar
2022 Latest Caselaw 2699 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6889 of 2022
     ======================================================

M/s Zenith Corporation 5-A, Jain Nagar, Meerut- UP Pin- 25002 through its Proprietor, Kapil Maheshwari (Male), aged about 39 years, Son of Late J.L. Maheshwari, Resident of 221, New Prempuri, Railway Road, Meerut, U.P., Pin- 250002.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna.

3. The Excise Commissioner, Excise and Prohibition Department, Government of Bihar, Patna.

4. The Assistant Excise Commissioner, Excise and Prohibition Department, Government of Bihar, Patna.

5. The District Magistrate, Sitamarhi.

6. The Additional District Magistrate, Sitamarhi.

7. The Superintendent of Police, Sitamarhi.

8. The Station Head Officer, P.S.- Sitamarhi.

9. The Excise Inspector, Sitamarhi.

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

For the Petitioner/s : Mr.Shambhu Sharan Singh, 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 : 10-05-2022 Patna High Court CWJC No.6889 of 2022 dt.10-05-2022

As recovered and seized surgical items along with other

items used in the hospital for patients, like Fabric Bundles,

Gauze Than, Bandage Than, Pillow cover, mosquito net,

blanket, bed sheets and bed cover 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 aforesaid seized materials during pendency of trial.

Petitioner would be at liberty to file a petition Patna High Court CWJC No.6889 of 2022 dt.10-05-2022

before the special court excise under section 451 of Cr.P.C. and

if any such petition is filed for release of aforesaid seized

materials 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)


Sanjay/-Ranjan
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Uploading Date          11.05.2022
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