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Sunday, March 7, 2010

Penalty for offences--Possession of liquor is no longer offence--Only penalty can be imposed for the same.

2010(1) LAW HERALD (P&H) 40
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L.N. Mittal
Criminal Misc. No. M-12326 of 2008
Kamaljit Singh
v.
State of Punjab & Ors.
{Decided on 20/11/2009}
For the Petitioner: Mr. Balram Singh, Advocate.
For the Respondents: Mr. Gaurav Garg Dhuriwala, AAG Punjab.
(A) Punjab Excise Act, 1914, S.61(A)--Penalty for offences--Possession of liquor is no longer offence--Only penalty can be imposed for the same. (P.6, 9 to 11)
(B) Punjab Excise Act, 1914, S.61(A), 61(A) (1), 61(2)--Criminal Procedure Code, 1973, S.482--Quashing of FIR--Penalty for offences not triable by a Court--Recovery of Country made liquor from car and shop--The petitioner was merely found in possession of liquor which is categorically covered by section 61(A)(1) of the Act--No allegations that the petitioner had sold any into 11 cartons--Consequently, the petitioner is not covered by clause (a) of section 61(2) of the Act--Competent authority to proceed under section 61(A) of the Act--FIR quashed. (P.9)
(C) Criminal Procedure Code, 1973, S.482--Punjab Excise Act, 1914, S.61(2), (C)--Quashing of FIR--Recovery of Country made liquor from car and shop--Petitioner was licencee of liquor vend from 1-4-2006 to 31-3-2007 which was extended upto 30.4.2007--The petitioner had not removed the liquor in question from any distillery, brewery or warehouse--The act of the petitioner is not covered by clause (c) of section 61(2) of the Act either--FIR quashed--However competent authority to proceed under section 61(A) of the Act. (P. 10 &11)
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