The main legal point established is that the provisions of Cr.P.C. apply to cases pending under the Punjab Excise Act, 1914, and can influence the release of seized items during the trial.

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 judgment of the Apex Court passed in ' Sunderbhai Ambalal Desai Vs. State of Gujarat, (2003) AIR SC 638 , to submit that the provisions of Section 451 Cr.P.C., would be applicable and since the Code of Criminal Procedure (for short 'Cr.P.C.') was applicable for the cases pending under the Act, therefore, power of the Magistrate could not be curtailed.

3. It is further submitted that the confiscation order had not been passed of the article under Section 78 of the Act which could be ordered by the Magistrate, only at the fag end of the trial. After following the procedure prescribed an opportunity had to be given as such to the owner and keeping the said articles and the vehicle in the custody of the police would only put the same to disuse and adversely affect the value of the same.

4. Counsel for the State on the other hand has defended the orders on the ground that the Act itself provides a bar as such, whereby the intoxicants or other materials seized, which involved in a major offence under the Act could not be released, but has to be disposed in the manner prescribed. He, accordingly, submitted that under Section 3 (15) of the Act as amended on 31.03.2020, the major offence has been described, which included the transport and sale of non-duty paid liquor. It was, resultantly, submitted that it has been noticed by the Revisional Court that the Excise Department had submitted its report that the place of recovery was different from the route permit on the aforesaid permit and the liquor was seized at 4:15 PM on 13.06.2020 and the pass bearing No.PS203103079162 had been issued at 4:34 PM and, therefore, the transport of the said liquor was unlawful.

5. Facts:

It is not disputed that FIR No.237 dated 13.06.2020 under Section 61 of the Act, was lodged at Police Station Civil Lines, Sonepat (Annexure P-1) by the police party on secret information that a Mahindra KUV-100 vehicle bearing No.HR10Z-6051 was coming towards Double Storey from IT Chowk. The said vehicle was stopped and the Driver Raju son of Rajendra as such was asked his name. Upon inquiry he revealed that he was carrying 40 boxes of liquor, sample of which was taken and seized alongwith the vehicle, since an offence was alleged to have been committed under Section 61 of the Act for not having licence. Resultantly, the application was filed for releasing the country liquor alongwith the vehicle on Sapurdari.

6. Counsel for the petitioner has relied upon the partnership deed dated 01.04.2020 (Annexure P-7) to show that the petitionerapplicant as such was a partner to the extent of 5% in M/s Vinod Kumar & Company, which was trading in retail liquor of Indian made liquor/country liquor and foreign made liquor. It is, accordingly, submitted that the liquor was being transported to the licenced p