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2020 Supreme(P&H) 1285

G.S.SANDHAWALIA
Satpal – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Ramnish Puri, Advocate, Anant Kataria, Advocate

JUDGMENT

G. S. Sandhawalia , J. - In the present petition filed under Section 482 Cr.P.C., the petitioner challenges the orders dated 16.06.2020 (Annexure P-3) passed by the Judicial Magistrate 1st Class, Sonepat and 23.07.2020 (Annexure P-5) passed by the Additional Sessions Judge, Sonepat, whereby the order passed by the JMIC dismissing the application for releasing the country made liquor and the vehicle during the pendency of the case, was upheld. The same was on the ground that Section 72F of the Punjab Excise Act, 1914 (as applicable to Haryana) (for short 'the Act') prohibited the release of liquor and vehicle seized in a major offence.

2. Arguments:

    Counsel for the petitioner, thus, has argued that the said orders are not sustainable, on account of the fact that the petitioner was the owner of the vehicle No.HR10Z-6051, which was carrying 40 cases of country made liquor 'Falcon Santra'. The petitioner-applicant was a liquor contractor and running vends in Sonepat and the police had wrongly impounded the vehicle alongwith the said liquor. He was authorized legally to carry the same and there was no irregularity on the part of the applicant. Reliance has been placed upon the j

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