JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of a bunch of petitions, namely, Criminal Misc. Nos. 56591-M, 59325-M, 59327-M, 59967-M, 59969-M, 59971-M, 59973-M, 59975-M, 59977-M, 59979-M, 65940-M, 72085-M, 74003-M, 78656-M and 78671-M of 2006 involving identical question of law with similar facts. The facts are being noticed from Criminal Misc. No. 59327-M of 2006.

(2.) THE challenge in the present petition is to the order dated 26.9.2005 passed by the learned Sub Divisional Judicial Magistrate, Samrala in Criminal Case No. 182/2 arising out of FIR No. 72 dated 20.5.2005 registered at Police Station Machhiwara under Section 61/1/14 of the Punjab Excise Act, 1914 (for short, 'the 1914 Act').

(3.) ASSAILING the order, learned counsel for the petitioner submitted that in the present case, the recovery was made by the police. The investigation was also conducted by them and, thereafter, the challan was presented under Section 173 Cr.P.C before the competent Court and the prosecution of the petitioner started. Accordingly, now at this stage, the impugned order passed by the learned Court below directing the return of challan and ordering the prosecution of the petitioner under Section 61-A of the 1914 Act is totally without jurisdiction. Prior to the amendment made vide Punjab Act No. 10 of 2003, only the Courts could try the offences under Section 61 of the 1914 Act whereas after the amendment even the officers of the Department of Excise and Taxation have also been conferred the power. The power under Section 61-A of the 1914 Act could be exercised if the detention and a recovery of the liquor is by the excise officials and not where the recovery has been made by the police.