Heard learned counsel for the parties.
Petitioner has prayed for following relief(s):-
“That this is an application praying for issuance of a writ in the nature of a writ of Mandamus, or any other appropriate writ(s), order(s) direction(s)
commanding the respondents to forthwith release the 80 (Eighty) bundles of Cycle Rims of the petitioner seized in connection with Manjhi P.S. Case
No. 111 of 2018 dated 22.05.2018 registered under Sections 188, 420 IPC and Section 30, 30(a), 38 Bihar Prohibition and Excise Act, 2016 in favour
of the petitioner or for issuance of any other appropriate writ(s), order(s) direction(s) for which petitioner may be deemed to be entitled under the
facts and circumstances of the case.â€
As recovered and seized 80 bundles of Cycle Rims 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 Cycle Rims
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 Cycle Rims, 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.
