Ajay Kumar @ Amitabh Kumar vs The State Of Bihar
2022 Latest Caselaw 2790 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.18925 of 2021
     ======================================================

Ajay Kumar @ Amitabh Kumar, son of Late Ram Sawak Rai, resident of Agandhi Tali, P.S. Belaganj (Bela), District- Gaya, Present Address- Jakkanpur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s Versus

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

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

3. The District Magistrate-cum Collector, Patna.

4. The Senior Superintendent of Police, Patna.

5. The S.H.O of Police, Police Station Gardanibagh.

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

For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate For the Respondent/s : Mr.Vikash Kumar ( SC11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 11-05-2022

Heard learned counsel for the parties.

The petitioner has prayed for the following

relief/s :

Patna High Court CWJC No.18925 of 2021 dt.11-05-2022

As recovered and seized cash 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 cash 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 cash 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/Sujit AFR/NAFR CAV DATE Uploading Date 18.05.2022 Transmission Date