G. S. Sandhawalia , J. - (1.)In the present petition filed under Section 482 Cr.P.C., the petitioner challenges the orders dated 16.06.2020 (Annexure P-3) passed by the Judicial Magistrate 1st Class, Sonepat and 23.07.2020 (Annexure P-5) passed by the Additional Sessions Judge, Sonepat, whereby the order passed by the JMIC dismissing the application for releasing the country made liquor and the vehicle during the pendency of the case, was upheld. The same was on the ground that Section 72F of the Punjab Excise Act, 1914 (as applicable to Haryana) (for short 'the Act') prohibited the release of liquor and vehicle seized in a major offence.
(2.)Arguments: Counsel for the petitioner, thus, has argued that the said orders are not sustainable, on account of the fact that the petitioner was the owner of the vehicle No.HR10Z-6051, which was carrying 40 cases of country made liquor 'Falcon Santra'. The petitioner-applicant was a liquor contractor and running vends in Sonepat and the police had wrongly impounded the vehicle alongwith the said liquor. He was authorized legally to carry the same and there was no irregularity on the part of the applicant. Reliance has been placed upon the judgment of the Apex Court passed in 'Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 AIR(SC) 638', to submit that the provisions of Section 451 Cr.P.C., would be applicable and since the Code of Criminal Procedure (for short 'Cr.P.C.') was applicable for the cases pending under the Act, therefore, power of the Magistrate could not be curtailed.
(3.)It is further submitted that the confiscation order had not been passed of the article under Section 78 of the Act which could be ordered by the Magistrate, only at the fag end of the trial. After following the procedure prescribed an opportunity had to be given as such to the owner and keeping the said articles and the vehicle in the custody of the police would only put the same to disuse and adversely affect the value of the same.