JYOTI SARAN, J.:–Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Pawan Kumar, A.C. to G.A.1 for the State. 2. The petitioner is aggrieved by the order dated 12.01.2018 passed by the Confiscating authority under the Bihar Prohibition of Excise Act, 2016 (hereinafter referred to as 'the Act') who is the respondent No.2 herein, the District Magistratecum- Collector, Darbhanga whereby he has confiscated a sum of Rs. 1,52,000/- from the petitioner simply because he was charged of being allegedly involved in illegal liquor trade. The order of confiscation is impugned at Annexure-2 to the writ petition. 3. We have heard learned counsel for the parties and we have perused the materials on record and examined the provisions of Section 58 of 'the Act' which nowhere empowers the Confiscating authority to confiscate any money found in possession of a person charged with an offence under 'the Act'. The order is illegal because cash is not a prohibitory item under 'the Act' and thus could not have been confiscated by the Confiscating authority in purported exercise of power under the said 'Act'. 4. We accordingly quash the confiscation order dated 12.01.2018 passed in Confiscation Case No.5 of 2017 and direct the District Magistrate, Darbhanga to remit the amount in question to the petitioner within 48 hours on receipt/production of a copy of this order. 5. The writ petition is allowed.