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Patna High CourtCWJC/9264/2022disposed

Ankita Raj v. The State Of Bihar

2022-07-08The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9264 of 2022 ====================================================== 1.

Ankita Raj Wife of Pawan Kumar Resident of Postal Park, Road No. 2, P.S.- Kankarbagh, District- Patna.

2.

Pawan Kumar Son of Late Ramchandra Saw Resident of Postal Park, Road No. 2, P.S.- Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Excise Commissioner, Excise Department, Patna Division. 3.

The District Magistrate,Cum Collector Patna.

4.

Superintendent of Police, Patna.

5.

Officer-in-charge of Kankarbagh, Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha, Advocate For the Respondent/s :

Mr.Kumar Manish (S.C.5) ====================================================== 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 : 08-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.9264 of 2022 dt.08-07-2022 2/2 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) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date