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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Rizvi Sharma – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. basis of fir regarding transit of liquor (Para 1 , 2) |
| 2. competing contentions on procedural non-compliance (Para 3 , 4) |
| 3. procedural lapses fail to establish criminal liability (Para 5 , 6) |
| 4. quashing of criminal proceedings for abuse of process (Para 7 , 8) |
JUDGMENT
MANDEEP PANNU, J
1. This is a petition under Section 528 of the BNSS for quashing of FIR No.184 dated 18.08.2024, registered under Section 61 of the Punjab Excise Act, 1914 (as amended by Haryana Amendment Bill, 2020) at Police Station Saha, District Ambala, along-with final report dated 28.04.2025 and all consequential proceedings arising therefrom.
2. Briefly stated, the facts of the case are that on 17.08.2024, during naka-bandi at Saha Chowk, two vehicles bearing Nos. PB-65-BF- 3899 and PB-65-BE-5599 were apprehended and taken into police possession on the basis of secret information. The said vehicles were found loaded with liquor, i.e, 1200 cases of Royal Player Premium Whisky (180 ml) and 500 cases of Tribe Traditional Blended Whisky (90 ml), respectively, which were being transported from Himachal Pradesh to Delhi. On the next day, i.e, 18.08.2024, the Excise Inspector, Ambala, upon verification,
Criminal proceedings cannot be sustained for a procedural lapse, such as the non-production of a transit slip, when the underlying transaction is supported by valid statutory documentation and lacks ....
The court emphasized the importance of substantial compliance with statutory provisions and highlighted the need for determining factual matters in the trial court.
Non-compliance with statutory provisions regarding search warrants in liquor-related cases leads to quashing of FIR and subsequent proceedings.
At the quashing stage, the allegations in the FIR are to be accepted as true, and disputed questions of fact and defenses should be raised at an appropriate stage in the trial.
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