Case Note & Summary
The petitioner, M/s. R.M. Jaiswal Wine Shop, through its partner, filed a criminal writ petition challenging orders dated 29.9.2016 passed by the Judicial Magistrate First Class, Warora, and 17.12.2016 passed by the Additional Sessions Judge, Warora, which rejected its application under Section 457 of the Code of Criminal Procedure, 1973 for release of seized liquor on supratnama. The petitioner was transporting country liquor from Nagpur district to Yavatmal district using a route that passed through taluka Warora in Chandrapur district, where the State of Maharashtra had imposed complete prohibition on consumption, possession, sale, use, and transport of foreign and country liquor vide order dated 5th March 2015. The courts below held that the petitioner prima facie violated the prohibition order. The petitioner argued that the order dated 5th March 2015 only prohibits licences and permits, not transport passes, and that mere transportation through the district without stopping or unloading does not violate the order. The respondent State contended that Clause II(v) of the Schedule to the order covered the petitioner's act. The High Court examined the order and found that it prohibits issuance of licences and permits for sale, possession, etc., but does not prohibit transportation based on transport passes specifying a route. The court held that the petitioner had a valid transport pass and was merely passing through Chandrapur district without stopping or unloading, which does not constitute violation. The impugned orders were set aside, and the seized liquor was directed to be released to the petitioner on supratnama subject to conditions including furnishing a bond and producing the liquor as and when required.
Headnote
A) Criminal Procedure - Release of Seized Property - Section 457 CrPC - Interpretation of Prohibition Order - The petitioner sought release of seized liquor on supratnama, which was rejected by courts below on ground that transportation through Chandrapur district violated complete prohibition order dated 5th March 2015 - Held that the order prohibits licences and permits, not transport passes, and mere passage through the district without stopping or unloading does not constitute violation - Impugned orders set aside, liquor directed to be released on conditions (Paras 4-10).
Issue of Consideration
Whether transportation of country liquor through a district where complete prohibition is in force, without stopping or unloading, amounts to violation of the prohibition order dated 5th March 2015, thereby justifying refusal to release the seized liquor under Section 457 CrPC.
Final Decision
The impugned orders dated 29.9.2016 and 17.12.2016 are set aside. The seized liquor is directed to be released to the petitioner on supratnama subject to the petitioner furnishing a bond and undertaking to produce the liquor as and when required by the trial court.
Law Points
- Interpretation of prohibition order
- transportation through prohibited district
- Section 457 CrPC
- release of seized property on supratnama
Case Details
2017 LawText (BOM) (04) 131
Criminal Writ Petition No.232 of 2017
Shri Anand Jaiswal, Senior Advocate for the Petitioner; Smt. Kalyani Deshpande, Additional Public Prosecutor for the Respondent
M/s. R.M. Jaiswal Wine Shop, through its Partner Shri Anil Ratanlal Jaiswal
State of Maharashtra, Through Police Station Officer, Police Station Warora, District Chandrapur
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Nature of Litigation
Criminal writ petition challenging rejection of application under Section 457 CrPC for release of seized liquor on supratnama.
Remedy Sought
Petitioner sought release of seized country liquor on supratnama.
Filing Reason
The petitioner's application under Section 457 CrPC was rejected by the Judicial Magistrate and the Additional Sessions Judge on the ground that transportation through Chandrapur district violated the complete prohibition order dated 5th March 2015.
Previous Decisions
Judicial Magistrate First Class, Warora, rejected application on 29.9.2016 in M.C.A. No.230/2016; Additional Sessions Judge, Warora, dismissed revision on 17.12.2016 in Criminal Revision No.27/2016.
Issues
Whether transportation of country liquor through a district where complete prohibition is in force, without stopping or unloading, amounts to violation of the prohibition order dated 5th March 2015?
Whether the courts below erred in rejecting the application under Section 457 CrPC for release of seized liquor on supratnama?
Submissions/Arguments
Petitioner: The order dated 5th March 2015 prohibits licences and permits, not transport passes; mere passage through Chandrapur district without stopping or unloading does not violate the order.
Respondent: Clause II(v) of the Schedule to the order dated 5th March 2015 covers the petitioner's act of transporting liquor through the prohibited district.
Ratio Decidendi
The order dated 5th March 2015 prohibits issuance of licences and permits for sale, possession, etc., but does not prohibit transportation based on transport passes specifying a route. Mere passage through a district with complete prohibition, without stopping or unloading, does not constitute violation of the prohibition order. Therefore, the seized liquor should be released under Section 457 CrPC.
Judgment Excerpts
The ground of rejection commonly reflected in both these orders is that in Chandrapur district there is a complete prohibition on consumption, possession, sale, use and transport of foreign liquor as well as country liquor as per the order passed by the State of Maharashtra on 5th March, 2015 and as this petitioner was found to be transporting country liquor from a place situated in Nagpur district to a place situated in Yavatmal district by using the route which passed for some portion through taluka Warora of Chandrapur district, it was held that the petitioner, prima facie, violated the complete prohibition imposed by the order of the State Government dated 5th March, 2015.
Learned Senior Advocate for the petitioner has submitted that the reasoning of the Courts below is flawed as the order dated 5th March, 2015 does not prohibit transportation of the liquor through Chandrapur district on the basis of transport passes issued for that purpose and giving a specific route for such transportation.
Procedural History
The petitioner filed an application under Section 457 CrPC before the Judicial Magistrate First Class, Warora, which was rejected on 29.9.2016. The petitioner then filed Criminal Revision No.27/2016 before the Additional Sessions Judge, Warora, which was dismissed on 17.12.2016. Aggrieved, the petitioner filed the present criminal writ petition before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 457
