JUDGMENT

Aman Chaudhary, J. - This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.28 dated 21.01.2017, under Section 61, Punjab Excise Act, 1914 registered at Police Station Zirakpur Police Post Dhakoli, District SAS Nagar (Mohali).

2. 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. No police officer has authority to register an FIR as the same could only be at the hands of Excise Department which can impose penalty. He further submits that the liquor in question had been purchased after obtaining a valid permit on 19/20.01.2017, vide bill dated 21.01.2017 Annexure P-5, amounting to Rs.63,000/-, as such, there is no violation of the aforementioned Act. Learned counsel for the petitioner submits that the aforesaid liquor was purchased for the marriage of the nephew of the employer of the petitioner, which was stated to be held on 20.11.2017. After the marriage ceremonies, while the petitioner was returning home, he was apprehended on the way with the left over liquor, which led to the lodging of the FIR. Learned counsel further submits that as per Sections 46 and 50 of the Punjab Excise Act, 1914, the power of arrest, detention, search of persons arrested and investigation of offences, are given to the Excise Inspector. Learned counsel further submits that cancellation reports in the case was prepared by the police on 30.04.2018 and 08.04.2019 which were approved by the Deputy Superintendent of Police, however, the same were not accepted by the Court and returned with direction for further investigation. Learned counsel further submits that even thereafter the cancellation was again filed on 05.10.2019, which is pending before the Court concerned. In view of the above, learned counsel submits that no case having been made out, prays for quashing of the said FIR.

3. Learned State counsel refers to para 2 of the reply filed to the petition, to submit that the cancellation has been filed on the basis of the fact that the permit was valid from 19.01.2017 to 20.01.2017, but he was apprehended on 21.01.2017, while returning from the marriage ceremonies that continued till the morning along with, the unused liquor, which was being carried back, from Shivalik Hotel to their residence. He further refers to para 3 thereof to submit that during investigation no incriminating evidence has been found against the petitioner, who was working as a driver. He submits that cancellation report was yet again filed on 08.04.2019 and even the statement of HC Pawan Kumar/315 PP Dhakoli, who is the complainant in the case was also recorded, had stated that investigation was conducted by ASI Ramesh Lal, who had also not found the accused guilty and had prayed for the acceptance of the cancellation report. The statement of complainant-HC Pawan Kumar is taken on record as Mark-A.

4. Learned State counsel has produced the copy of the order dated 01.11.2022 passed by the Judicial Magistrate First Class, Derabassi wherein the case had been adjourned to 04.01.2023, as the defence counsel has not produced the order passed by this Court. The said order dated 01.11.2022 is taken on record as Mark-B.

Heard.

5. Admittedly, the liquor in question had been purchased after obtaining a valid permit from 19.01.2017 to 20.01.2017, by one Updeep Singh for the marriage of his nephew of Surinder Singh Joshi. While returning from the marriage ceremonies that continued till the morning, the petitioner, who was a mere driver, was apprehended on 21.01.2017 by the police, alongwith the unused liquor, being carried back, from Shivalik Hotel to their residence.

6. It is apposite to refer the judgment of this Court in the case of Jarnail Singh and others vs. State of Punjab, 2008(3) RCR (Crl.) 749, wherein it has been held that 'after amendment carried out vide Punjab Act No.10 of 20