Ajay Kumar @ Amitabh Kumar v. The State Of Bihar

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 AddressJakkanpur, 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 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) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 18.05.2022 Transmission Date