The Delhi High Court dismissed a writ petition challenging the summons on the ground that a Head Constable lacked authority to conduct raids under the Delhi Excise Act. The Court held that Rule 148 of the Delhi Excise Rules, 2010, invests Head Constables with Class 2 Excise Officer powers.
Petition and application for quashing were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MANDEEP SINGH & ANR. .... Petitioners Represented by: Mr.N.P.Singh with Mr.Shekhar Budakoti, Advocates
versus
STATE .... Respondent Represented by: Mr.Amanpreet Singh, proxy counsel for Mr.Rahul Mehra, Standing Counsel for the State Insp. Om Prakash Lekhwal with SI Laxman Chaudhary, PS Hauz Khas
MUKTA GUPTA, J. (ORAL)
Crl.M.A13248/2019 (exemption)
Allowed, subject to all just exceptions.
W.P.(CRL) 1828/2019 & Crl.M.A. 13247/2019 (stay)
W.P.(CRL) 1828/2019
Page 1 of 4
competence of the complainant/Investigating Officer, no charge could have been framed against the petitioner.
“ 6. Excise Intelligence Bureau – (1) There shall be an Excise Intelligence Bureau, headed by the Excise Commissioner, consisting of such number of excise officers and staff as may be appointed by the Government and such other officers and staff as may be appointed by the Excise commissioner with the prior approval of the government.
“ 9. Investing persons with special powers. – The government may, by notification, invest in any Government functionary not being an excise officer, with powers to perform all or any of the functions of any excise officer under this Act, and such person shall, in the exercise of these functions, be deemed to be an excise officer.”
W.P.(CRL) 1828/2019
Page 2 of 4
Rules 2010 provide for the classes of Excise Officers under Class 1 and Class 2 as under:
“ 148. Classes of Excise Officers. – There shall be two classes of Excise Officers, designated as Class 1 and Class 2. These shall be as follows:-
W.P.(CRL) 1828/2019
Page 3 of 4
(MUKTA GUPTA) JUDGE
JULY 08, 2019 ‘rk’
W.P.(CRL) 1828/2019
Page 4 of 4
3 issues framed by the court
Whether a Head Constable of Delhi Police is competent to conduct a raid under the Delhi Excise Act.
Whether the Metropolitan Magistrate correctly dismissed the discharge application regarding the Head Constable's authority.
Whether a charge can be framed if the Investigating Officer lacks competency.
3 provisions across 2 enactments
Mandeep Singh & Anr.
State
Mukta Gupta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
