K.L. Sharma, J. - (1.) This is a petition under Section 482, Criminal Procedure Code for a direction to the Chief Judicial Magistrate, Hamirpur for release of 600 cases of XXX Rum seized from Truck No. UHH 3461 by Excise Inspector District Hamirpur.
(2.) I have heard Sri Anoop Ghosh learned counsel for applicant as well as learned A.G.A. and perused the material brought on record.
(3.) According to the interim direction of this Court the learned C.J.M. Hamirpur has now entertained the release application and has passed order of release on 14.2.1995 whereby he put a condition of furnishing a bank guarantee and personal bond for a sum of Rs.30,000/- for keeping 600 cases of XXX Rum in custody subject to the courts order. The learned counsel has submitted that the applicant does not have a licence to keep in his custody and store 600 wine cases of XXX Rum which are meant for supply to the defence force and which were seized while they were being carried to the army. He has also objected to the furnishing of bank guarantee for the value of 600 wine cases for the reason that he had already paid excise duty and he shall not be liable to pay any other sum except compounding fee to be levied by the Collector for change of route of carriage without permission. The learned Magistrate has probably not considered that the excise duty has already been paid for 600 wine cases of Rum and for the release of cases bank guarantee with personal bond is not required and only compounding fee is to be paid by the applicant which shall be levied by the Collector for the offence in respect of the change of route without permission. It will not be lawful for the applicant to keep in his custody 600 cases of wine without licence by withholding the supply of these cases to the Army against the order of supply. The contention raised by the learned counsel for the applicant is correct. The learned A.G.A. accepts that the payment of compounding fee if levied by the Collector for the offence of change of route without permission can be ensured through security bond. There is also no need for production of 600 cases of wine before the court when the offence is only confined to the change of route.;