Uttar Pradesh Excise Act, 1910 (IV of 1910), Section 72 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 457 – Excise matter – Confiscation proceedings before Collector – Power of Judicial Magistrate -- If a vehicle is seized under the provisions of the Excise Act and confiscation proceedings in respect thereof are going on before the Collector, a Judicial Magistrate has got no jurisdiction to release the aforesaid vehicle.

(Para 21-24)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451, 482 -- Excise matter -- Superdari of vehicle – Onerous condition – Permissibility of – Superdari order with the condition that petitioner shall furnish sapurdari bonds in sum of Rs.1,50,000/-, along with cash security or bank guarantee of equal amount -- Condition imposed upon the petitioner, is an onerous condition, and therefore, the same is required to be modified -- Petitioner ordered to  furnish personal bond in sum of Rs.1.5 lac, and also additional security bond of the same amount.

(Para 2, 6, 7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 157 – Excise matter – Cognizable offence -- Search and seizure without FIR -- There are two kinds of FIRs namely, the FIR can be registered by the informant which was duly signed by him -- Secondly, the FIR can be registered by the police officer himself on any information received by him -- In both the cases, the information should be reduced into writing and thereafter, the investigation must be carried out -- Ex.P1 being a panchanama, it cannot be termed as a complaint -- FIR cannot be registered on the basis of panchanama.

(Para 15, 16)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 157 – Karnataka Excise Act, 1965 (21 of 1966), Section 32, 34, 38-A -- Excise matter – Cognizance by court -- Search and seizure without FIR – FIR based on panchnama – Void abinitio – Acquittal – Respondent registered the FIR on the basis of panchanama which is erroneous and not proper – Trial Court ought not to have acted upon such FIR and cognizance should not have been taken on the strength of the said FIR – When the registration of FIR itself is void abinitio, the subsequent proceedings including the judgments are liable to be set aside – Revision allowed, judgment of conviction and order of sentence set aside – Petitioners acquitted.

(Para 3, 15, 16)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61, 1, 14, 75 – Code of Criminal Procedure, 1973 (2 of 1974), Section 468 , 482 – Excise matter – Quashing of FIR -- FIR on 25.01.2016, the challan before the trial Court on 03.10.2020 – Reports of sample came on 04.07.2017, whereafter permission u/s 75 of the Act was sought from the Commissioner on 06.02.2020, which was received vide letter dated 24.09.2020 – Held, the prosecution as contemplated by Section 75(2) of the Act cannot said to have been launched within a period of one year of commission of the offence -- Considering the provision of Section 468 CrPC also, the period of three years for taking cognizance by the Court had expired even prior to 06.02.2020 – Proceedings are required to be dropped – FIR and all consequential proceedings arising therefrom quashed.

(Para 3, 4, 7)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail -- Allegation that on secret information, house of the petitioner was raided -- Though petitioner was not present at home, but search was conducted in the presence of his daughter-in-law and 12 bottles of illicit liquor were recovered – Interim bail granted – Petitioner has since joined the investigation and not required for any investigation, interim anticipatory bail made absolute.

(Para 1-3)

Himachal Pradesh Excise Act, 2011 (33 of 2012), Section 39(1)(a) (c), 47, 50 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 467, 468, 471, 304, 120-B --  Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Regular bail – Conspiracy to manufacture and sale of spurious liquor – Petitioner is alleged to have supplied caps for bottling of spurious liquor -- Petitioner is in custody since 19.04.2023 -- Pre-trial incarceration is not the rule -- Many of the co-accused have already been released on bail – Investigation complete, Challan presented in Court -- No fruitful purpose would be served by prolonging custody of accused till conclusion of trial, which is likely to take some time -- Bail allowed.

(Para 7-11)

Code of Criminal Procedure, 1973 (2 of 1974), Section 468, 469 -- Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Quashing of FIR -- Excise matter – Limitation -- Maximum sentence prescribed 2 years -- Trial Court can take cognizance within 3 years -- Held, prosecution was required to file challan within three years whereas a period of 08 years has expired, however, till date challan has not been presented -- In view of mandate of Section 468 Cr.P.C. the petition allowed and FIR quashed.

(Para 2, 7-9)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 1, 14 -- Indian Penal Code, 1860 (45 of 1860), Section 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail – Petitioner has no criminal antecedents – Allegations are transporting alcohol, which is the State’s privilege, without paying the revenue and in violation of the State’s Excise Policy -- Given the sentence prescribed, the nature of evidence, and other factors and circumstances peculiar to the case, it may be appropriate to afford the petitioner a final opportunity to course-correct -- Maximum sentence imposable for the offences mentioned in FIR does not exceed seven years – Petitioner makes a case for bail -- Petition allowed.

(Para 2-9, 24)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 78, 14 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Excise matter – Regular bail -- FIR on secret information -- Total 120 bottles of liquor were recovered from the WagonR belonging to petitioner KS and 480 bottles of 750 ml each were recovered from the car belonging to the petitioner S@G -- Liquor, purchased by the petitioners from Chandigarh for onward sale in Ludhiana – Petitioners are in custody since 01.05.2022 and investigation is already complete and maximum prescribed sentence is three years -- Taking into consideration the facts noticed, the role attributed, the nature and gravity of the offence, the stage of the case as well as the period of custody already undergone by the petitioners, Court deemed it appropriate to allow the petitions -- Petitioners admitted to regular bail.

(Para 2-7)

Punjab Excise Act, 1914 (1 of 1914), Section 78(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter -- Release of vehicle on superdari – Bank Guarantee as surety – Legality of – Held, condition imposed by the trial Court regarding furnishing of bank guarantee is harsh and oppressive and it virtually amounts to denial of the relief -- Impugned order modified, petitioner ordered to furnish a solvent surety of the like amount.

(Para 2-5)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 72F, 81 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter – Release of vehicle on superdari -- No useful purpose will be served to keep the vehicle in question in the Police Station during the pendency of the trial of the FIR -- State could not point out any regulations, which the State had framed providing that the vehicle or the liquor has to be disposed in the manner as prescribed u/s 72F of the Act -- Petition allowed, vehicle in question ordered to be released to the petitioner on the usual conditions of superdari.

(Para 10, 11)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61/1/14, 78 (2) Third Proviso – Code of Criminal Procedure, 1973 (2 of 1974), Section 452 – Excise matter – Release of vehicle on superdari – Value of vehicle – Assessment of – Third Proviso “equivalent to the value of the conveyance thereof” -- Valid connotation thereof, is that the value of the seized/ impounded vehicle, at the stage of either its seizure, and more importantly, at the stage of the preferment of the application -- Apposite depreciation which has occurred, since the date of purchase, and, upto the application, being preferred, is to be borne in mind, as it becomes the actual saleable price of the vehicle concerned -- Trial court making a direction to furnish a bank guarantee in the sum of Rs. 8 lakhs – High Court reduced it to Rs. 4 lac -- Impugned orders set aside -- Judicial Magistrate to receive evidence qua the depreciated value of the vehicle to make an order imposing a condition, either cash security or a bank guarantee.

(Para 3-5, 9-10)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 72F, 78 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter – Release of vehicle on superdari – JMIC ordered release of the vehicle subject to depositing cash amount of Rs.3,00,000/- in the Treasury of the Court – Revision against dismissed – None of the Courts below has made any endeavour to determine the value of the seized conveyance/offending vehicle – No tangible evidence existing on record suggestive that the value of the seized conveyance/offending vehicle – Petitioner may file the credible valuation within 02 weeks, before the learned Magistrate concerned, and, the latter shall after giving an opportunity of hearing to all the concerned, shall within 03 weeks thereafter, make a fresh order, in accordance with law, upon, the apposite application.

(Para 2-7)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61/1/14 – Probation of Offenders Act, 1958 (20 of 1958), Section 4, 5-- Excise matter – Heavy recovery – Benefit of Probation – Conviction for six months -- Plea of non-following of due process while getting the sample examined -- Considered by the Courts below, wherein, a finding has been recorded that the sample so taken was never tampered with in any manner so as to cause prejudice to the petitioner and the delay in sending the sample for examination itself is no ground to discard the report – Typographical mistake in mentioning the Vehicle number – Prayer that Petitioner being a first offender be granted the benefit of probation – Held, once, the recovery from the petitioner is on the heavy side, no ground is made out to grant the said prayer of the petitioner.

(Para 1, 4-8)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 68, 78 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Excise matter – Release of vehicle on superdari -- Bank guarantee and cash security -- ACJM, directed the petitioner to deposit a sum of Rs.4,50,000/- for the release of vehicle on Sapurdari – Order modified, the petitioner will deposit 20% of Rs.4,50,000/- in cash and the rest by way of a security/personal bonds and the other conditions imposed for releasing the vehicle on Supardari will remain unchanged.

(Para 2-7)

Constitution of India, Articles 226, 227 – Allotment of liquor vend license in residential area – Challenge to -- Petitioner stated to have made various representations -- Respondent No.3 is directed to decide the representation of the petitioner by passing a speaking order within a period of two weeks.

(Para 6)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter -- Anticipatory bail – Interim bail granted on submission that FIR was registered on the basis of secret information, police did not comply with the mandatory requirement of Section 100(4) Cr.P.C., 30 bottles of illicit liquor recovered from the house of the petitioner and anticipatory bail declined on the ground that he is also involved in earlier FIR u/s 61-1-14 of the Excise Act in which 280 kgs. lahan was recovered -- Petitioner has joined the investigation to the entire satisfaction of the Investigating Officer -- Petitioner is no more required for further investigation in the case -- Interim order made absolute.

(Para 3-7)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 100(4), 438 -- Excise matter – Anticipatory bail – On the contention that FIR was registered on the basis of secret information, but the police has not complied with mandatory requirement of Section 100(4) Cr.P.C, ad interim bail was given -- Petitioner joined the investigation to the entire satisfaction of the Investigating Officer -- Petitioner is no more required for further investigation in the case -- Interim order made absolute.

(Para 3-6)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Habitual offender – Anticipatory bail -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Petitioner convicted in 6 cases under the Punjab Excise Act, 1914 and 2 of such cases against him being investigated, grant of pre-arrest bail to him would only encourage him to indulge in such illegal bootlegging further endangering the lives of several innocent persons -- Furthermore, if such type of absconder is granted pre-arrest bail, that would amount to putting premium on his wrongful acts – Petition dismissed.

(Para 7, 10, 11)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 1, 14 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail -- Allegations as per the FIR are that police on secret information got recovered 100 litre of Lahan from room adjoining residential house of petitioner – As per petitioner false case has been planted against him and he is a simple agriculturist and is not involved in any other case and therefore, has prayed for grant of anticipatory bail -- Petitioner is not required for custodial interrogation at all -- Petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C and would not make any default in this regard.

(Para 2-7)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61(1), 61(1) (14) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail – Recovery of lahan -- Interim bail on contention that version projected by the prosecution is verbatim as in the second FIR in which also the petitioner is a co-accused, FIR registered on the basis of secret information, no independent witness has been joined, even though 180 Kgs. of Lahan is alleged to be found at the spot but the police separated only 5 Kgs. Lahan on the plea that the remaining was not to be lifted and was destroyed at the spot – Petitioner has since joined investigation and is not required for any custodial interrogation -- Petition allowed, interim order made absolute.

(Para 3-5)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61/1/14 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail – Interim bail on contention that the allegations against the petitioner are that 60 bottles of country made liquor for sale in Chandigarh were recovered from his house – He also contends that the petitioner is not involved in any other case under the Excise Act – Petitioner has joined the investigation and is not required for any further investigation – Interim bail granted to the petitioner is made absolute.

(Para 2-5)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61/1/14 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail – Ad-interim bail was granted on the contention that FIR registered on the basis of secret information, 720 bottles of country made liquor were recovered from the fodder room which belongs to the petitioner and he is not involved in any other case – Petitioner has joined the investigation, and he is no more required for further investigation – Interim bail order made absolute.

(Para 1-4)