Punjab-Haryana High Court
Date Of Decision : February 28 vs State Of Punjab on 28 February, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
Satish Kumar
2014.03.07 12:56
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-36837 of 2013
Date of Decision : February 28, 2014
Khasa Distillery Company
.....Petitioner
VERSUS
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present : Mr. Surender Dhull, Advocate
Ms. Deipa Singh, Additional Advocate General, Punjab.
T.P.S. MANN, J. (Oral)
The petitioner has challenged the order dated 4.9.2013 passed by the Judicial Magistrate 1st Class, Jalandhar whereby its application under Section 451 Cr.P.C. for permission to sell 1185 cases of liquor recovered by the police in FIR No. 216 dated 6.8.2013 under Sections 279 and 427 IPC, Sections 184 and 187 of the Motor Vehicles Act and Section 61 of the Punjab Excise Act, Police Station Rama Mandi, was dismissed.
The aforementioned FIR was registered on the statement of Sub Inspector Ashwani Kumar of Police Station Rama Mandi, wherein he stated that on 6.8.2013 when he alongwith his fellow officials was present at Dhilwan Chowk, one truck bearing No.PB-42-F-9903 driven rashly and negligently by a clean shaven person came there. It was given a signal to stop. However, the driver of the truck did not stop the vehicle and Criminal Misc. No.M-36837 of 2013 -2- hit the barricades installed at the two nakas for police patrolling. Afterwards, the driver stopped the truck and ran away from the spot. When the truck was checked, 1185 cases of English liquor were found in the truck and the same were seized.
During the investigation of the case, the petitioner, who is manufacturer of the English liquor found loaded in the aforementioned truck, submitted necessary documentation before the police regarding authenticity of the liquor. Pursuant to the same, the challan has been presented against the driver of the truck for committing offences under Sections 279 and 427 IPC and Sections 184 and 187 of the Motor Vehicles Act. However, the challan has not been presented under Section 61 of the Punjab Excise Act.
The petitioner had filed an application before the trial Court for release of 1185 cases of liquor on superdari which application was allowed. The petitioner, thereafter, filed application for grant of permission to sell the liquor on the ground that it was of perishable nature as it was manufactured and packed in PET bottles in July, 2013, its shelf life would come to an end by July, 2014. The said application has, however, been dismissed by the trial Court vide impugned order on the ground that the cases of liquor had become case property and very much required for the trial of the case.
Criminal Misc. No.M-36837 of 2013 -3-
Learned counsel for the petitioner has submitted that the aforementioned liquor after being manufactured at Khasa was meant to be delivered to CSD Canteen, Ambala. The liquor in question is perishable, being packet in PET bottles in July 2013, its shelf life is one year and, therefore, expiring in July 2014. However, as the CSD canteen does not receive any liquor which has already lost 75% of its shelf life, the petitioner now intends to dispose of the same by selling it through the distributors/retailers.
Learned State counsel has not controverted the aforementioned facts. However, she has stated that the petitioner be insisted upon to furnish adequate bank guarantee.
After hearing counsel for the parties and going through the impugned order as well as the petition and the reply filed thereto on behalf of respondent No.1, wherein it has been mentioned that the challan has been presented against the driver of the truck for offences under Sections 279 and 427 IPC and Sections 184 and 187 of the Motor Vehicles Act only and not under Section 61 of the Punjab Excise Act, this Court grants permission to the petitioner to dispose of the 1185 cases of English liquor, already on superdari with it, through the distributors/ retailers, subject to furnishing of bank guarantee for an amount of Rs.13.5 lacs in favour of the trial Court. However, the petitioner would be at liberty to seek release of the bank Criminal Misc. No.M-36837 of 2013 -4- guarantee at the expiry of the trial of the case in the event of the driver of the truck not being tried for the offence under Section 61 of the Punjab Excise Act and if tried, then upon his acquittal of the said charge.
Keeping in view the peculiar facts, the trial Court is directed to expedite the trial and conclude the same, preferably within a period of six months from the date of receipt of a certified copy of this order.
The petition is, accordingly, disposed of.
( T.P.S. MANN )
February 28, 2014 JUDGE
satish