CRM-M- IN 295 M/s Mapsk v. State of Ha CORAM: Present: AARADHN 1. (Annexure whereby th Additional boxes of dismissed. 2. be noticed h Chhotu Ram villages Ba when they transported -45805-2025 -1 IN THE HIGH COURT OF PUNJA CHANDIGA Mapsko Infrastructure Private Ltd. Haryana AM: HON’BLE MS. JUSTICE AA Mr. Pradeep Duhan, Advocate Mr. Vishal Singh, AAG, Harya **** ADHNA SAWHNEY, J. (Oral) Challenge in the present peti exure P-5) passed by learned Add eby the order dated 23.7.2025 (An tional Chief Judicial Magistrate, Palw s of liquor, on Superdari to the p issed. Relevant facts, as emerging fro ticed hereinbelow:- “On 1.7.2025, the police pa Ram was on patrolling duty nea s Baghola and Janoli in a governm they received a secret informatio orted from Palwal via village Ma 1- PUNJAB AND HARYANA AT DIGARH CRM-M-45805-2025 Date of decision: 27.03.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. vocate for the petitioner. , Haryana. nt petition is to order dated 11.8.202 d Additional Sessions Judge, Palwa 5 (Annexure P-4) passed by learne e, Palwal, directing the release of 25 the petitioner being its owner, wa ing from the documents on record, ma e party headed by Head Constab near the railway crossing betwee ernment bearing No.HR-30-GV-221 mation that illegal liquor is bein Mandkola to village Mandhawa .2026 .2025 Palwal, learned 250 er, was rd, may stable tween 2210, being awali, GURBACHAN SINGH 2026.04.20 11:07 I attest to the accuracy and integrity of this document CRM-M- Faridabad, and that if transportin thereof. Co leading tow persons an expressed t noticed a p members o on the mob who stoppe run away. apprehende of Kripa Ra During the the rear si document f (make “Ma sealed and laboratory. inquiry, the Agwanpur, No.174 da 61(2) of Ex conducted, further inv Pvt. Ltd., from 9.10 P Agra Chow Pawan, son -45805-2025 -2 bad, in a closed body pick up veh at if a naka is laid on Mandkola-Fa orting illegal liquor can be appreh Considering the information cre g towards village Madkola from Fate s and passers-by were asked to jo sed their inability. After waiting for a pick up van coming from the side rs of the police team was instructed mobile phone, on E-Sakshya App. D opped the vehicle 10-15 steps ahea ay. However, due to efforts made ended. On questioning, he disclosed a Ram, resident of village Junheda, the search of the vehicle, the polic r side were packed. Since the dri ent for transporting the liquor, all 25 “Mastana”) were unloaded. Samp and handed over to Constable Ank tory. Rest of the liquor was re-loade , the driver disclosed that he had tr pur, Palwal on the instructions of dated 2.7.2025 was registered un f Excise Act at Police Station Gadpu During the course of investi ucted, statements of witnesses were er investigation, the authorized perso Ltd., produced a permit No. PS25334 9.10 PM to 11.14 PM for transportin Chowk, Palwal. From the documents on reco n, son of Tek Chand, resident of vi 2- vehicle bearing No.HR-38-AD-753 Fatehur Billoch road, the person prehended along with huge quanti credible, checkpoint was set u Fatehpur Billoch. Many independe join the proceedings, but they for about 30-40 minutes, police tea side of village Mandkola. One of th cted to record the entire proceeding p. Driver of the vehicle was signalle ahead of the check point and tried made by the checking team, he wa losed his identity as Trilok Chand, so eda, P.S. Tigaon, District Faridaba police team noticed liquor cartons e driver could not produce any val ll 250 cartons of country made liqu amples were drawn which were lat Ankit for depositing the same in th aded in the same pick up vehicle. O ad transported the illegal liquor fro of Amit Kaushik. Accordingly, FI d under Sections 61(1)(A)-4-20 an adpuri.” investigation, the spot inspection wa were recorded. During the course o person of M/s Mapsko Infrastructu 253342114540 dated 01.07.2025 val sporting liquor from L-1 Angwanpur n record, it is also apparent that on village Patli, Faridabad, moved a 7538 ersons antity set up endent ey all e team of the edings nalled ied to e was son abad. ons in valid liquor e later in the e. On r from y, FIR 0 and ion was urse of tructure 25 valid anpur to hat one oved an GURBACHAN SINGH 2026.04.20 11:07 I attest to the accuracy and integrity of this document CRM-M- application Court ensue did not com application filed by the order dated petition bef Judge, Palw 11.08.2025 3. licensed de relevant da transport 2 Chowk, Pal heavy traff the route v both the ro further the liquor from purchase ap thereof. petitioner h was change that the pet of liquor. -45805-2025 -3 cation for getting the vehicle in que t ensued of the matter allowed the said ot come forward to take the custody cation for getting the seized illicit li by the petitioner, which was allowed r dated 23.07.2025. Aggrieved of the ion before the Court of Session, Palw e, Palwal, allowed the said revision pe .2025. Learned counsel for the petiti sed dealer engaged in the sale and ant day, i.e. on 01.07.2025, petition port 250 boxes of liquor via village k, Palwal, from the Excise and Taxati traffic congestion and continuous ra oute via Mandkol Fatehpur Biloach the routes are within the territorial jur er the submission of learned counsel r from an authorized dealer on 01 ase appended as Annexure P-3, has Thus, in crux, the submiss ioner had a valid permit for transportin changed only to avoid the traffic cong the petitioner did not have the valid pe uor. That apart, no useful purpose wo 3- in question released. Even though th he said application, but applicant Pawa stody of the vehicle. Subsequently, a llicit liquor released on Superdari wa llowed by learned ACJM, Palwal, vid of the said order, State filed a revisio , Palwal. Learned Additional Session sion petition vide impugned order date petitioner contends that petitioner is and purchase of the liquor. On th etitioner firm had the valid permit illage Awganpur Road Palwal to Ag Taxation Department. However, due ous rains, the truck driver had to dive loach village road. Though, admitted rial jurisdiction of District Palwal. It unsel that petitioner had purchased th on 01.07.2025. Copy of the bill o 3, has also been referred to, in suppo bmission of learned counsel is th porting 250 cartons of liquor. The rou ngestion and to save time. It is n alid permit for transporting 250 carton ose would be served by keeping the cas ugh the t Pawan ntly, an was al, vide revision essions er dated ner is a On the ermit to to Agra r, due to divert mittedly It is ased the bill of support is that he route It is not cartons the case GURBACHAN SINGH 2026.04.20 11:07 I attest to the accuracy and integrity of this document CRM-M- property in the light of that the im Palwal is le been made imposed by 4. submits tha transporting transport Since perm changed th authorities congestion, deserves no learned Ad the applica relief soug committing been prayed 5. documents submission 6. provisions pending dis -45805-2025 -4 erty in the possession of the concerne ght of the submissions advanced herei the impugned order passed by lear al is legally unsustainable and thus, de made to allow the petition subject to sed by the Court. Per contra, while opposing th its that on the day in question, the v porting 250 cartons of liquor. The pe port the liquor from village Agwanpur e permit was for the route so menti ged the route, of his own accord, with rities concerned. The story put f estion, the route has to be altered is rves not to be taken note of. Learned ed Additional Sessions Judge, Palwal pplication for releasing the liquor in q sought for is extended, there is itting yet another offence of like natu prayed for. Having heard learned counsel ments on record, this Court expres issions put forth by learned State coun It s settled that there is no sp isions of Excise Act for releasing the ing disposal of the trial. It has been 4- ncerned authority. When appreciated d hereinabove, learned counsel contend y learned Additional Sessions Judg hus, deserves to be set aside. Prayer ha ect to just and reasonable conditions s sing the petition, learned State couns , the vehicle was apprehended illegal The permit produced was only valid anpur, Palwal to Agra Chowk, Palwa mentioned, the driver could not hav without taking prior permission of th put forth that due to sudden traff ered is purely an after thought, whic earned State counsel next contends th Palwal did not err in law in dismissin or in question on Superdari. Moreso, ere is every likelihood of petition ke nature. Dismissal of the petition ha ounsel for the parties and perusing th expresses inability to agree with th e counsel. no specific bar or restriction under th g the seized liquor boxes on Superda s been consistently held that the seize iated in ontends Judge, ayer has itions so counsel illegally valid to Palwal. ot have of the traffic , which nds that missing oreso, if etitioner tion has sing the ith the nder the uperdari e seized GURBACHAN SINGH 2026.04.20 11:07 I attest to the accuracy and integrity of this document CRM-M- liquor can when the ac Assistant E admits that transporting Agra Chow transported this stage, the driver submission opinion tha possession 7. order dated in question representati learned Ad clear that expression March 27, gbs -45805-2025 -5 can be confiscated by learned trial the accused is convicted/acquitted or Learned State counsel, on in stant Excise and Taxation Officer an that on the day in question, the p porting 250 cartons of liquor from Chowk, Palwal. Thus, it cannot be ported without the valid permit. Nothi tage, to draw an inference that the ro driver for illegally selling cartons ission of learned counsel for the pet ion that no useful purpose would be ession of the concerned authority, till th In view of the above, the pres r dated 11.8.2025 (Annexure P-5) is se stion is ordered to be released sentative of the petitioner firm, subjec ed Additional Chief Judicial Magistra that any observations made herei ession of opinion on the merits of the c ch 27, 2026 Whether Speaking/reasoned Whether Reportable 5- trial Court only on conclusion of tri ted or discharged. on instructions from Shri Abhishe icer and Shri Rahul, Excise Inspecto the petitioner firm had the permit rom village Awganpur Road Palwal not be said that the liquor was bein Nothing has been brought on record the route was intentionally changed b rtons of liquor. Agreeing with th he petitioner, this Court is also of th be served by keeping the liquor , till the disposal of the trial. e present petition is allowed. Impugne is set aside. The 250 boxes of liquo ased on Superdari to the authorize subject to conditions so imposed by agistrate, Palwal. It is, however, mad herein shall not be construed as a f the case. (AARADHNA SAWHNEY JUDGE : Yes/No : Yes/No of trial bhishek, nspector rmit for alwal to s being cord, at nged by ith the o of the iquor in pugned f liquor thorized d by the r, made as an NEY) GURBACHAN SINGH 2026.04.20 11:07 I attest to the accuracy and integrity of this document