AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the parties.
Petitioner has prayed for following relief:-
“For issuance of an appropriate writ in the nature of Certiorari for quashing the order darted 29.11.2018 passed by learned A.D.J.-II-cum-Special
Judge, Rohtas at Sasaram in Excise Case No. 261/2018 as contained in Annexure-2 whereby and whereunder learned A.D.J-II-cum-Special Judge,
Excise was pleased to reject the petition of the petitioner filed for release of TVS Star City BR-24U-2267 and further for directing the respondents to
release the vehicle in question.â€
As there was recovery of illicit liquor from the seized vehicle as such same became liable for confiscation under section 58 of the Excise Act and in
view of Bar of Jurisdiction in confiscation under section 60 of the Excise Act, no court has jurisdiction to make any order with regard to such property
and as such the learned Special Judge, Excise has rightly refused to release the vehicle by order dated 29.11.2018 as contained in Annexure-2.
It has been submitted on behalf of counsel for the State that final order has been passed in Confiscation Case No. 44 of 2019 by the Confiscating
Authority against the seized vehicle as such present writ petition is disposed of with liberty to petitioner to avail the statutory remedy of appeal/revision
against the order passed by the Confiscating Authority before approaching this Court.