$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010381152021 + CRL.M.C. 3206/2021 & CRL.M.A. 19782/2021 DUSHYANT BHALLA .....Petitioner Through: Mr. Harpreet Singh, Advocate (through VC). versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 16.09.2026 1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 288/2019, registered at Police Station Hauz Khas, Delhi, for the offences punishable under Sections 33/58 of the Delhi Excise Act, 2009, and of the charge-sheet emanating therefrom, pending before the Metropolitan Magistrate (South), Delhi. 2. Briefly, the petitioner had obtained a temporary licence from the Excise Department, valid for two days, i.e. 19.10.2019 and 20.10.2019, for organising the ‘Shagun’ ceremony of his brother. Five days later, on 23.10.2019, certain liquor bottles were found in the petitioner’s car, and the said bottles, along with the car, came to be seized. The petitioner explained This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:08:49 that the bottles were the left-over stock of liquor that had been purchased for the purpose of the ceremony. 3. Upon the petitioner’s explanation, the Excise Department released the liquor bottles, as well as the car, in favour of the petitioner, observing, in its order dated 06.03.2020, as under: “I have gone through the record and the documents furnished by Sh. Dushyant Bhalla and am convinced that the liquor stock found in his BMW car No. HR51BP4499 on 23.10.2019 was left-over stock of duty-paid authorised liquor purchased against valid P-10 permits. Further, no procedure for disposal of such left-over stock is mentioned in the P-10 permits. Accordingly, I release the BMW car No. HR51BP4499 to its rightful owner under Section 59(2) of the Delhi Excise Act, 2009. However, the photographs of the released vehicle are to be preserved by the Investigating Officer and the SHO of the Police Station to meet the evidentiary requirements as provided under Section 60 of the Delhi Excise Act, 2009. Since the liquor stock seized is above the permissible limit, Sh. Dushyant Bhalla is directed to obtain an L-30 licence for 5 years before the seized liquor is released to him. Further, the Assistant Commissioner (Permit), Excise Department, is advised to devise a procedure/mechanism to dispose of the left-over stock of P-10 permits and incorporate the same in the P-10 permit, with the approval of the competent authority, to facilitate P-10 permit holders in case of any left-over stock. I order accordingly.” 4. Counsel appearing for the petitioner submits that the act of the petitioner was entirely bona fide, inasmuch as the liquor found in his vehicle was the left-over stock of duty-paid, authorised liquor, purchased against valid P-10 permits for the family function for which he had obtained a temporary licence. It is submitted that the Excise Department itself, upon examining the record, released the vehicle and the liquor in favour of the petitioner; that no offence is, therefore, made out against the petitioner; and that the continuation of the proceedings would amount to an abuse of the process of the Court. 5. Mr. Naresh Kumar Chahar, APP for the State, has been heard. The This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:08:49 order of the Excise Department dated 06.03.2020, releasing the vehicle and the liquor, is not in dispute. 6. I have heard counsel for the parties and perused the record. 7. The matter has been pending since the year 2019. There appears to be no reason to doubt the submissions made on behalf of the petitioner. The act of the petitioner, in retaining the left-over stock of duty-paid, authorised liquor purchased for a licensed function, appears to be bona fide, and it is not the case of the prosecution that the petitioner has any previous involvement in a like offence. It is well settled, as laid down by the Supreme Court in State of Haryana v. Bhajan Lal,1 that the inherent power to quash may be exercised, inter alia, where the allegations, even taken at their face value, do not disclose the commission of any offence, or where the continuation of the proceedings would amount to an abuse of the process of the Court. On the facts of the present case, the continuation of the proceedings against the petitioner would serve no useful purpose. 8. Accordingly, and bearing in mind the overall facts and circumstances, the FIR No. 288/2019, registered at Police Station Hauz Khas for the offences under Sections 33/58 of the Delhi Excise Act, 2009, and all consequent action emanating therefrom, are quashed. 9. The petition, along with the pending application, stands disposed of. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 16, 2026 aks/ad 1 1992 Supp (1) SCC 335. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:08:49