STATE OF MAHARASHTRA Vs. GOPAL BALKRISHNA AKOTKAR

JUDGEMENT

(1.) HEARD learned A.P.P. Smt. Pawar for the State/Petitioner and Mr. D.B. Savant for the respondent.

(2.) A motor truck bearing No. Plate No. UP -15 -F/3821 was intercepted by the Inspector of State Excise at Check Post insuli Tal. Sawantwadi. Dist. Sindhudurg situated at the border of Maharashtra and Goa and it was found that the truck was carrying foreign liquor from U.P. to Goa. When the Excise Inspector inquired about T.T.P. i.e. through transport permit or pass from the driver, it was found that the driver did not have that permit. Therefore, the Inspector seized the vehicle along with the contraband goods and prepared a panchanama and filed a case against respondent under Section 66(1 -b), 65(a), 108, 80, 81, 83 of the Bombay Prohibition Act.

(3.) IT was contended by the APP for the State that the Maharashtra Through Transport Rules, 1997 came into force on 15.2.1997. Under these rules any person transporting any intoxicant including liquor through Maharashtra from one State to another was required to obtain T.T.P. i.e. through transport permit and since the applicant/respondent did not have such permit, the vehicle was rightly intercepted and goods were properly seized. She also contended that breach of these Rules was punishable under Section 108 of the Bombay Prohibition Act which prescribed punishment for imprisonment up to one year and fine which may extend to Rs. 100/ -. She also contended that in case of conviction the State was entitled for confiscation of the goods and since this aspect was not considered by the Sessions Judge, the impugned order was liable to be set aside.