The court held that releasing impounded liquor would reward the petitioner for permit violations, which is impermissible under law.

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 21^st November, 2024 and the same is stated to be issued on 21^st November, 2024, and valid till 21^st November, 2024 11:59 p.m. and the same was issued by the Department of State Taxes and Excise, Government of Himachal Pradesh, Form-L34, for the transportation of Country liquor ‘Una No. 1’, which was purchased from Babita Devi, R/o Ward No. 1, Krishna Nagar Pacca Bharo, HP Petrol Pump Hamirpur (HP), against her wholesale license No. 30831972723 Firm L-13.

3.1 As per the permit, the aforesaid liquor was to be transported in vehicle No. HP-67A-6016. However, due to breakdown of the said vehicle, on the way to Bara, Rangas from Krishna Nagar, Hamirpur (HP), the driver of the said vehicle took the same to Mahindra Care, Service Station for repair and the same was got repaired. In this regard, Bill No. 654, dated 21.11.2024 was issued. Due to the said fact, the liquor was shifted to Vehicle bearing No. HP-37B-3180 from vehicle No. HP-67A-6016.

3.2 It is the further case of the petitioner that the said liquor was shifted to another vehicle without informing the petitioner. Later on, this fact came to the knowledge of the petitioner that vehicle, in which, the liquor was shifted, was impounded by the Police of Police Station, Sujanpur, in FIR No. 73 of 2024. The investigation, in the case, is stated to be complete, as such, the liquor is no longer required by the Police, for further investigation.

3.3 In this regard, the petitioner filed application for release of seized liquor, before the Court of learned trial Court, which was dismissed, on 5.2.2025.

4. The said order has been assailed before this Court, mainly on the ground, that the learned trial Court has failed to appreciate that the liquor in question is no longer required by the Police, for the reason that investigation is complete.

5. According to the petitioner, the sample of the liquor was sent to SFSL, Junga, as such, no fruitful purpose would be served by keeping the said liquor, in the Police custody.

6. The impugned order has further been assailed on the ground that the license was issued by the Excise Department, and in case, the same is not renewed, it would be difficult for the petitioner to sell the impounded liquor. As such, he will suffer huge financial loss.

7. It is further averred in the petition that the learned trial Court has failed to take into consideration the peculiar facts and circumstances of this case, according to which, the vehicle, in which the liquor was transported, became in-operational, due to breakdown. Thereafter, the said vehicle was taken for repair and driver of the vehicle, without his permission, had shifted the liquor from the vehicle, which has been mentioned in the permit to another vehicle. According to the petitioner, the documentary evidence with regard to repair of the vehicle, which has been placed on record, has also not been considered by the learned trial