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2009 Supreme(P&H) 2014

L.N.MITTAL
Kamaljit Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

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






















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