Satvindra Singh & Anr vs State Of Rajasthan & Anr

The instant petition under Section 482 Cr. P.C., has been filed for the following prayers :

"It is, therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed ;

(i) FIR No.275/2016 dated 21.6.2016 for the offence under Section 19/54, Rajasthan Excise Act, 1950 registered at P.S. Kotwali, District Sri Ganganagar may kindly be quashed and set aside.

(ii) Further it is prayed that if during pendency of the misc. petition challan is filed, same may also be declared illegal and the criminal proceedings initiated against the petitioners in pursuance thereto before the court may also be quashed and set aside."

The bone of contention in this case is that on 21.6.2016 98 cartoon (quarters) of liquor were seized by police from a Bolero Camper bearing Regn. No.RJ-20-GA-5475, whereupon a case vide FIR No.275/2016 was registered at P.S. Kotwali, Sri Ganganagar for offence under Section 19/54 of Rajasthan Excise Act. 1950 alleging the liquor to be illicit as papers relating to permit & license for transporting the same was shown to police by the driver, thus, the police seized the vehicle alongwith liquor.

Counsel for the petitioner has drawn attention of Court towards quasi-judicial order dated 9.8.2016 passed by the Addl.Commissioner, Excise Zone, Bikaner, relevant extract whereof reads as follows :-

''मेरे समक्ष प्रस्तुत दस्तावेजों के अनुसार जब्त मदिरा अनुज्ञाधारी करमजीत काॅर पत्नी गुरतेज सिंह, देशी मदिरा समूह 9 जेड, समूह संख्या 74 श्री गंगानगर के गोदाम हेतु ले जाई जा रही थी जिसके लिये विभाग द्वारा सेल्स इनवाईस जारी किया गया था जिस पर प्रश्नगत वाहन का नंबर भी अंकित है। अतः मदिरा के अवैध परिवहन की कोई संभावना नहीं थी, उक्त परमिट व लाईसेंस परिवहन के समय नहीं रखा जाना वाहन स्वामी की लापरवाही का द्योतक है, समस्त तथ्यों पर मनन उपरान्त एवं वाहन स्वामी की लापरवाही के मद्देनजर वाहन के अधिहरण से मुक्ति के विकल्प के रूप में जब्त वाहन पर 25,000रू0 (अखरे रूपये पच्चीस हजार मात्र) शास्ति आरोपित की जाती है। यह आदेश राजस्थान आबकारी अधिनियम 1950 की धारा 19/54 के अन्तर्गत पंजीकृत अभियोग के अध्यधीन रहेगा।''

Thus, as per the finding recorded by the quasi judicial authority, the consignment of liquor was being lawfully transported to the godown of licence-holder Karamjeet Kaur W/o. Gurtej Singh under sales invoice(s) issued by Excise Department having endorsement of vehicle bearing Regn. No.RJ-20-5475, thus, upon satisfaction, the Authority directed the vehicle to be released to its registered owner upon depositing a penalty of Rs.25,000/-. Counsel for the petitioner has relied upon the judgment of this Hon'ble Court in Jayant Kumar Vs. State of Rajasthan (S.B. Criminal Misc. Petition No.2027/2017, decided on 09.5.2017) wherein it has been opined that once it was not disputed that the petitioner was a licencee of the liquor, then the Police Officer would not investigate into a case of search and seizure as it is barred under the Rajasthan Excise Act as the Sub-Inspector of police who lodged the FIR is not duly authorized person as per Section 10 of the Excise Act.

Learned Public Prosecutor is not in a position to refute the proposition.

In light of aforesaid submission, this Court is of the opinion that once the Excise Commissioner has himself exercised his quasi judicial powers under the Rajasthan Excise Act, 1950 and has arrived at a categorical finding that the petitioner was transporting liquor under a valid permit and licence with proper sales invoice having endorsement of registration number of vehicle carrying the consignment of liquor, then there was no question of the liquor being illicit. Factum of mere negligence of driver of vehicle for not showing necessary documents was also recorded by the learned Authority. Needless to say that the Excise Commissioner has already imposed a cost of Rs.25,000/- for releasing the vehicle in-question.

In that view of the matter, the instant misc. petition is allowed. FIR No.275/2016 dated 21.6.2016 registered qua the petitioners for offence under Section 19/54, Rajasthan Excise Act, 1950 at P.S. Kotwali, District Sri Ganganagar is quashed and set aside. The criminal proceedings arising from the FIR impugned too are set aside. The learned court below after satisfying itself regarding owernship of the liquor in question shall release the same strictly in accordance with law.