L.N.Mittal, J.

1. Criminal Misc. No. 58777 of 2009 Reply (rejoinder) annexed with the application is taken on record along with Annexures P/6 and P/7,subject to all just exceptions. Criminal Misc. No. M-12326 of 2008

2. Reply on behalf of respondent No. 2 filed today by learned State counsel is taken on record. Copy given to the opposite counsel.

3. Kamaljit Singh has filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 137 dated 1.5.2007, under section 61 of Excise Act, Police Station Maqsuda, District Jalandhar (Annexure P/5).

4. According to the prosecution version, FIR was registered on the basis of secret information. On raid on 1.5.2007, three cartons of country made liquor were recovered from the car of the petitioner and 11 cartons of liquor were recovered from the shop of the petitioner.

5. The petitioner was licencee of liquor vend for the year 2006-07 vide licence Annexure P/1 i.e. from 1.4.2006 to 31.3.2007. The said licence was extended upto 30.4,2007 vide Annexure P/2.

6. Learned counsel for the petitioner vehemently contended that in view of section 61(A) of the Punjab Excise Act, 1914 (in short, the Act), possession of liquor was no longer offence and only penalty could be imposed for the same. There is considerable merit in the contention. Section 61(A) was inserted in the Act vide Amendment Act No. 32 of 2006 notified on 25.8.2006 and so the said section was operative when the impugned FIR was registered. Section 61(A) of the Act is reproduced herein :-

"61-A. Penalty for offences not triable by a court.-

(1) Whosoever, in contravention of any provision of this Act, the rules framed thereunder, any notification issued or aay order made or any license, permit or pass granted under this Act, imports, exports, transports, or possesses any liquor, shall along with liquor and means of transport, except the passenger buses, owned by the Central Government or the State Government or any of their undertaking, be detained by an Excise Officer, who shall make a report to the Assistant Excise and Taxation Commissioner, in- charge of the district and to the Deputy Excise and Taxation Commissioner, in-charge of the Division, within a period of twenty- four hours of such detention. The Excise Officer shall forward such liquor and the means of transport along with the necessary documents to the Deputy Excise and Taxation Commissioner in-charge of the District.

(2) On the receipt of the report referred to in sub-section (1), the Deputy Excise and Taxation Commissioner in-charge of the Division, shall record the statements of the offender and the officers, concerned with the case, and release the offender.

(3) The Assistant Excise and Taxation Commissioner in-charge of the district, may impose the following penalties after providing the offender a reasonable opportunity of being heard in case a liquor detained is licit, on which the excise duty and other levies have been paid in the State of Punjab, namely :-

(a) rupees five thousand in case of detection of such liquor upto two cases i.e. 18 bulk litres; and

(b) rupees ten thousand in case of detection of such liquor exceeding more than two cases i.e. 18 bulk litres.

(4) The Assistant Excise and Taxation Commissioner in-charge of the district, may confiscate the illicit liquor and may also impose the following penalties after providing the offender a reasonable opportunity of being heard in case the liquor detained is illicit, on which the excise duty and other levies have not been paid in the State of Punjab, namely:-

(a) rupees twenty five thousand in case of detection of such liquor up to five cases i.e. 45 bulk litres;

(b) rupees, fifty thousand in case of detection of such liquor exceeding five cases i.e. 45 bulk litres, but not exceeding fifty cases i.e. 450 bulk litres; and

(c) rupees one lac in case of detection of such liquor exceeding fifty cases i.e. 450 bulk litres.

(5) If the penalty referred to