Single Bench of Punjab & Haryana HC granted regular bail to liquor contractor accused in excise violation conspiracy. Court imposed conditions regarding bond surety, weapon surrender, and conduct.
Petitioner released on bail subject to furnishing bonds, surrendering firearms, and complying with specific identification and conduct conditions.
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.
CRM-M-41720-2024
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-41720-2024
Reserved on: 10.09.2024 Pronounced on: 27.09.2024
Brij Pal Rana
...Petitioner
Versus
State of Haryana
…Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. P.S. Ahluwalia, Advocate for the petitioner.
Mr. Aashish Bishnoi, DAG, Haryana.
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 203 | 22.06.2024 | Chhappar, District | 406, 420, 467, 468, 471, 473, 120- |
| Yamunanagar | B IPC and Sections 61(1)(a) of | ||
| Punjab Excise Act 1914 (Haryana | |||
| Amendment Bill 2020) to which | |||
| Section 7, 8/13 of PC Act have | |||
| been added later on |
| Sr. No. | FIR No. | Date | Offenses | Police Station |
|---|---|---|---|---|
| 1 | 140 | 17.06.2023 | 61 of Excise Act | Radaur |
| 2 | 352 | 14.04.2024 | 61(1)(a) of Excise Act |
City Yamuna Nagar |
| 3 | 93 | 04.05.2024 | 61(1)(a) of Excise Act |
Jathalana |
“That brief facts of the case are that on 21.06.2024 secret information was received to Sl Gurmej Singh CIA-1 and his team members to this effect
ANJU RANI 2024.10.01 16:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh
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that one canter bearing number HR-37E-3607 would come from Ambala side through Milk Majra toll plaza in which illegal liquor is loaded. Upon that information Nakabandi was started near village Pirthi Ka Majra and at about 05:30 PM the above aforementioned vehicle/canter apprehended by the police team. At that time the said vehicle was driven by co-accused Ramavtar (driver of the truck) on asking he produced Permit No PN241900070373 dated 20.06.2024 issued for purchasing liquor by Excise Department for 800 cases of quarts (750 ML quantity per bottle), 200 cases of pint (375 ML quantity per bottle) and 200 cases of nips (180 ML quantity per bottle) total 1200 cases of country made liquor marka NV Rasila Malta from M/S N.V. International Pvt. Ltd Badholi, Ambala (distillery i.e. manufacturing unit of liquor) to L-13 M/S Scotch Station Wines, Jagadhari, Yamuna Nagar (whole seller of country liquor). The permit was valid up to 26.06.2024 for purchasing liquor. The above said driver also produced pass no PS24190086850 dated 21.06.2024 issued by the Excise department on dated 21.06.2024 at 10:59:17 AM which was valid up to 13:59:00 PM dated 21.06.2024 on the request of D-2 M/S N.V. International Pvt. Ltd Badholi, Ambala (distillery i.e. manufacturing unit of liquor) to sell the liquor to L-13 M/S Scotch Station Wines, Jagadhari, Yamunanaga (whole seller of country liquor).”
“ ROLE OF PETITIONER
Petitioner/accused is a liquor contractor and has been allotted 10 zones as per record received from excise department. Co-accused Rinku was given licence L-13 (licence for wholesale premise of country made liquor) and petitioner Brijpal was silent partner in this L-13. He has given affidavit in excise department to allot L-13 to Rinku in excise year 202425. Even in excise year 2023-24, he was owner of L-13 which has received many such illegal consignments as revealed during course of investigation. Petitioner along with other co-accused including L-13 licencee and distillery persons as a part of criminal conspiracy used to dispatch and receive the non-duty paid liquor. Petitioner/accused was in
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constant touch with co- accused in furtherance of conspiracy to dispatch truck loaded with liquor in illegal manner from Distillery. Certain call recordings clearly show that petitioner/accused was constantly guiding the driver on 21.06.2024. Audio recordings also clearly establish this claim. Further, truck seized with liquor is owned by him as revealed during course of investigation, though as per registration authority record, truck is in name of Balwinder Singh resident of Ambala However, petitioner/accused is using this truck since last 29.06.2023. Further, diary seized in the present matter from the driver/accused as well as interrogation of accused has revealed that accused in connivance with coaccused had earlier also got dispatched and received liquor in illegal manner on various dates and paid the money in cash. Trucks loaded with liquor were dispatched in illegal manner without paying excise duty, permit fee etc. thereby causing huge revenue loss to government exchequer and wrongful gain for petitioner/co-accused themselves. In the present matter, he got paid Rs. 11.50 lac for receipt of consignment. Out of 96 consignments dispatched for district Yamuna Nagar since July 2023 to June 2024 by distillery out of 435 such illegal consignments, most of the consignments was received by petitioner. Statements recorded under sections 161 of CrPC of four such drivers clearly substantiate that approximately 25 illegal consignments of country liquor out of 96 consignments have been received by petitioner/accused in illegal manner during the period when he owned L-13 last year.
It is further revealed that out of 1200 cases of country liquor which were received in morning on 21.06.2024 at L-13 were immediately dispatched to liquor vends owned by petitioner in collusion with L-13 owner. 875 cases of country liquor were dispatched without obtaining L-34 (permit issued by excise department). 141 such cases have also been recovered which bear identical barcodes as recovered from truck during evening on 21.06.2024.
(B) Evidence against petitioner
(1) Truck in which illegal consignment of 1200 cases of country liquor was being transported is owned by petitioner as revealed during course of investigation.
(ii) CDR analysis of mobile phone being used by petitioner during relevant period as well as of co-accused clearly establishes that petitioner was in constant touch with co-accused specially driver, munshi employed at L-13,
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officials deployed at distillery, owner of L- 13 etc.
(iii) Audio call recordings of petitioner relevant in present matter have been taken into police possession and transcripts thereof have been prepared which also substantiate that petitioner was constantly guiding/instructing driver and L-13 regarding receipt, transportation etc. of illegal consignment.
(iv) Diary recovered during course of investigation shows that driver had earlier also transported liquor consignments in illegal manner and amount of Rs. 1.97 crore shown as paid to distillery upon instructions of petitioner/accused.
v) Accused/petitioner owns 10 liquor zones in Yamuna Nagar and is silent partner in L-13 involved in present matter. Further, in last year, he was owner of such L-13 which received many consignments of liquor in illegal manner as revealed during analysis of Tally application data. Even on 21.06.2024, he got 875 cases of liquor dispatched to various liquor vends owned by him without even getting issued permits from excise department.
(vi) Interrogation of accused arrested as well as examination of witnesses during course of investigation has revealed that petitioner/accused have played crucial role in commission of offence being investigated in present matter.”
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Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.
| 1. | AADHAR number |
|---|---|
| 2. | Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. |
| 3. | Mobile number (If available) |
| 4. | E-Mail id (If available) |
(ii) Since the petitioner has a track record of his involvement in cases under the Excise Act, it is directed that in case the petitioner is found involved in such like cases in future, it shall be taken as a misuse of the concession of bail.
ANJU RANI 2024.10.01 16:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh
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(ANOOP CHITKARA) JUDGE 27.09.2024 anju rani
Whether speaking/reasoned: Yes Whether reportable: No.
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3 issues framed by the court
Whether the petitioner qualified for bail under Section 483 of BNSS given antecedents and prima facie evidence of liquor smuggling conspiracy.
What bond conditions are appropriate to prevent repetition of offenses involving excise law violations.
Whether a restriction on firearm possession constitutes a valid bail condition in this context.
Colour shows how this judgement treated each authority
Vikash Kumar Gupta V. The State of BiharReferred¶61
Vikash Kumar Gupta V. The State of Bihar, SLP 11952-2024
Mohammed Zubair v. State of NCT of DelhiExplained¶69
Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 · Who else cites this
4 provisions across 4 enactments
Brij Pal Rana
State of Haryana
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
