M/S Zenith Corporation v. The State Of Bihar

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 2/3 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 3/3 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 AFR/NAFR NAFR CAV DATE NA Uploading Date 11.05.2022 Transmission Date NA