SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(P&H) 1990

AMAN CHAUDHARY
Arvind Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Dr. Surinder Singh Joshi, Advocate, for the Appellant; Mr. Manipal Singh Atwal, DAG Punjab, for the Respondent

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

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top