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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Naveen Thakur – Appellant
Versus
Cr. MMO No. 129 of 2025 – Respondent
Judgment :
(Virender Singh, J.)
The petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the B.N.S.S.) against the order dated 5.2.2025, passed by the learned Judicial Magistrate First Class, Hamirpur, H.P., (hereinafter referred to as ‘the trial Court’), in Cr. M.A. No. 79 of 2024, titled as, ‘Naveen Thakur versus State of H.P. & anr.’.
2. By way of order dated 5.2.2025, the learned trial Court has dismissed the application, filed under Section 457 Cr. P.C. (S. 503 BNSS, 2023), for release of country liquor, Una No. 1, impounded by the officials of Police Station, Sujanpur, District Hamirpur, H.P., in FIR No. 73 of 2024, dated 21.11.2024, under Sections 39(1)(a) of the HP Excise Act and 3(5) of BNS, 2023.
3. According to the petitioner, he is Wine Contractor, and is running liquor Vend L-14 at VPO Bara, Tehsil Nadaun, District Hamirpur, H.P., against his retail license No. 5918115661974824. The petitioner has got the Excise Pass No.PER202411212405560220309, and Indent No. IND2024DEPOLD30834751, dated 21st November, 2024 and the same is stated to be issued on 21st November, 2024, and valid till 21st N
The court held that releasing impounded liquor would reward the petitioner for permit violations, which is impermissible under law.
Presence of entire quantity of liquor as case property during trial will not be required.
The court ruled that ownership of the liquor and its non-adulteration justified the release of seized goods despite route deviation under the Odisha Excise Act, 2008.
Statute allows High Court jurisdiction for vehicle release despite lower court's contradiction under Section 60.
Guidelines for vehicle release under prohibition laws cannot conflict with statutory provisions, and decisions must be consistent and just.
A vehicle cannot be confiscated if it is not involved in the transportation of liquor, as established by prior case law.
Vehicle owners bear responsibility for illegal use by third parties unless clear evidence of innocence is provided.
Refusal to release a vehicle carrying liquor solely based on quantity violates Rule 12A of the Bihar Prohibition and Excise Rules, unless public interest is clearly established.
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