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2014 DIGILAW 1283 (HP)

Sanjeev Kumar v. State of H. P.

2014-09-17

DHARAM CHAND CHAUDHARY

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JUDGMENT : Dharam Chand Chaudhary, J. Complaint is that both Courts below without appreciating the given facts and circumstances and material available on record in its right perspective have refused to release 175 boxes of Indian made foreign liquor, seized by the State CID/Vigilance Unit, Bharari District Shimla during the course of search of the house of Sanjeev Kumar, petitioner herein, on 22nd March, 2014 at 5.30 p.m. 2. Admittedly, search of the house of accused-petitioner Sanjeev Kumar was conducted on an information received by the State CID/Vigilance Unit, Bharari District Shimla on 22nd March, 2014 at 5.30 p.m. 175 boxes of Indian made foreign liquor were recovered by the police from the house. On asking, the accused-petitioner failed to produce any permit and authorization to store the same in his house. The liquor so recovered, therefore, was seized and taken into possession. The same was entrusted to the Station House Officer, Hamipur for safe custody in the Malkhana. 3. The stand of the accused-petitioner to justify the storage of the recovered liquor in the house is that the same while being transported from =Kehar Wine Agency L-1 to L-14 Didwin, the vehicle went out of order at place namely Chowki Kankri, a place none else but the own village of the accused-petitioner. Instead of making alternative arrangements there and then to transport the liquor to its destination, the accused-petitioner allegedly stored the same in his house situate there and himself allegedly approached the authorities in the Department of Excise and Taxation to obtain fresh authorization qua its transportation to the destination i.e. L-14 Didwin. 4. Both Courts below have rightly appreciated the material available on record qua the vehicle being went out of order. As a matter of fact, no plausible and reasonable explanation to arrive at a conclusion even prima-facie that it so happen while the liquor was being transported to its destination is produced by the accused-petitioner. As already pointed out, the accused-petitioner could have made an alternative arrangement there and then to transport the liquor in question to its destination, because the permit qua its transportation issued by the competent authority was valid up to 21st March, 2014 mid night. There is no explanation as to why such a course has not been resorted to. Surprisingly enough, the vehicle went out of order at village Chowki Kankari, the native place of the accused-petitioner. There is no explanation as to why such a course has not been resorted to. Surprisingly enough, the vehicle went out of order at village Chowki Kankari, the native place of the accused-petitioner. This also speaks in plenty qua the genuineness and authenticity of the plea so raised. Both Courts below, therefore, have not committed any illegality or irregularity by not releasing the liquor to the accused-petitioner as prima-facie the same was stored without any permit and authorization by him in his house. 5. Learned counsel representing the accused-petitioner has placed reliance on the judgment of the Apex Court in Sunderbhai Ambalal Desai versus State of Gujarat, (2002) 10 SCC 283: ?19. For articles such as seized liquor also, prompt action should be taken in disposing of it after preparing necessary panchnama. If sample is required to be taken, sample may be kept properly after sending it to the Chemical Analyser, if required. But in no case, large quantity of liquor should be stored at the police station. No purpose is served by such storing.? 6. As per ratio of this judgment the seized articles, particularly liquor in huge quantity should not be allowed to keep/store in the police station indefinitely and for a long time and after taking samples from the recovered liquor and sending the same to Chemical Analyser, no purpose is likely to be served by storing the same in the Police Station. In this case the liquor cannot be released to the accused-petitioner because he failed to produce the permit and authorization issued by the competent authority qua its storage, that too, in his house. The same, however, can be ordered to put to auction by the Incharge, State CID/Vigilance Unit, Bharari District Shimla under the supervision of Supervisory Officer (Deputy Superintendent of Police, Hamirpur) and the Station House Officer, Police Station, Sadar, Hamirpur in the presence of the Assistant Commissioner, Excise and Taxation Department, Hamirpur or his nominee. 7. The same, however, can be ordered to put to auction by the Incharge, State CID/Vigilance Unit, Bharari District Shimla under the supervision of Supervisory Officer (Deputy Superintendent of Police, Hamirpur) and the Station House Officer, Police Station, Sadar, Hamirpur in the presence of the Assistant Commissioner, Excise and Taxation Department, Hamirpur or his nominee. 7. This petition is, therefore, disposed of with a direction to the Incharge, State CID/Vigilance Unit, Bharari District Shimla under the supervision of Supervisory Officer (Deputy Superintendent of Police, Hamirpur) and the Station House Officer, Police Station, Sadar, Hamirpur in the presence of the Assistant Commissioner, Excise and Taxation Department, Hamirpur or his nominee to dispose of within one month from the date of production of a copy of this judgment, the seized liquor i.e. 175 boxes of Indian made foreign liquor as per the inventory prepared in the present of Assistant Commissioner, Excise and Taxation Department, Hamirpur or his nominee in an open auction to be attended to by the contractors authorized to run liquor vends in District Hamirpur by the Excise and Taxation Department. The sale proceeds be deposited in the trial Court. The liberty is reserved to the accused-petitioner to approach the trial Court for release thereof by filing appropriate application, which shall be considered and decided in accordance with law. 8. The petition stands disposed of accordingly so also, the pending applications, if any.