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Patna High CourtCWJC/4884/2022disposed

Unique Supply Solutions v. The State Of Bihar

2022-05-06The Chief Justice -,Mr. Justice S. Kumar3 pages

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 (Age46 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 2/3 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 3/3 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/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date