Rajesh Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18722 of 2021 ====================================================== Rajesh Kumar Sinha, Son of Umesh Chandra Prasad, Resident of Paigambarpur, P.S. Ahiyarpur, District- Muzaffarpur, Present AddressParambir Apartment, Flat No.- 2E, New Patliputra Colony, P.S.- Patliputra, 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 Patliputra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Bihari Singh, Advocate For the Respondent/s :
Mr.Vivek Prasad ( GP7 ) ====================================================== 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
Patna High Court CWJC No.18722 of 2021 dt.11-05-2022 2/3 relief/s :
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.
Patna High Court CWJC No.18722 of 2021 dt.11-05-2022 3/3 Petition stands disposed of with the aforesaid observations/directions.
(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date 18.05.2022 Transmission Date