ANIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure, is maintained by the petitioner for quashing and setting aside the impugned order, dated 5.10.2019, passed by the learned Additional Sessions Judge, Una, in Cr. Revision No.44 of 2019, whereby order dated 29.5.2019, passed by the learned Judicial Magistrate 1st Class, Court No.2, Amb, District Una, in FIR No.54/2019, was affirmed.

(2.) The key facts, giving rise to the present petition are that an application was maintained by the police before the learned Trial Court seeking certification of correctness of inventory of seized liquor and disposal of the liquor and such application was allowed by the learned Trial Court, vide order dated 29.5.2019. As per the petitioner, he is owner of liquor shop situated at village Chalet, Tehsil Ghanari, District Una, and is authorized by the State Government for the sale of liquor and police has taken into possession the alleged liquor illegally. It is alleged that the learned Trial Court has passed the order without giving any opportunity of being heard and the same is absolutely illegal, null and void.

(3.) Feeling aggrieved, the impugned order, dated 5.10.2019, passed by the learned Trial Court, the petitioner maintained the present petition.