SHAKTI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard. By way of this petition, petitioner has assailed the order dtd. 18/11/2022 passed by learned Judicial Magistrate 1st Class, Court No.2, Rohru, District Shimla, H.P. in Case No. 165-4 of 2022, whereby the application of the petitioner under Sec. 457 of the Cr.P.C. for release of the case property has been rejected.

(2.) Brief facts of the case are that on 28/10/2022, a case under Sec. 39(1)(a) of the Himachal Pradesh Excise Act was registered at Police Station Rohru, District Shimla, vide FIR No. 192 of 2022. It was alleged that the police had intercepted a vehicle (Mahindra Pick up) bearing registration No. HP-10B-8698 on Adal road within the jurisdiction of Police Station Rohru. On checking the vehicle, a large number of boxes having liquor of different brands and beer were found being transported. The permits/passes carried by the driver of the vehicle were not found in terms of Himachal Pradesh Excise Act and Rules framed thereunder. It was found that the quantity of liquor being transported in the vehicle was in excess of the permits/passes. Further, the vehicle which was authorised to transport the liquor was different and lastly, huge quantity of liquor was being transported at the time when general elections were to be conducted. The entire quantity of liquor found in the vehicle was seized and taken into possession by the police.

(3.) Petitioner claims himself to be a liquor licencee. He preferred an application under Sec. 457 of the Cr.P.C. before the learned Judicial Magistrate 1st Class, Court No.2, Rohru, District Shimla, H.P. seeking release of the liquor on the ground that the liquor was being transported under valid permit/pass. The vehicle originally carrying the liquor from Shimla had broken down on way, therefore, the consignment was shifted to another vehicle.