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Judgment
10 paragraphs · 181 wordsHeard learned counsel for the petitioner and learned counsel for the State.
Petitioner has prayed for following relief:-
“ The present writ application is being filed for release of Rs.7,90,000/- (Rupees seven lac ninety thousand only), seized in connection with Kotwali
P.S. Case No. 586 of 2019, registered for the offences under Sections 30(a), 54 and 57 of Bihar Prohibition and Excise Act, 2016 and under Sections
420, 406, 34 of Indian Penal Code.â€
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.