Crl. Revision No.1179 of 2001 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Crl. Revision No.1179 of 2001 Date of Decision: December 08, 2010 Amarjit Kaur widow of Baljinder Singh (accused) ….Petitioner Versus The State of Punjab ….Respondent CORAM: HON’BLE MR. JUSTICE A.N. JINDAL Present: Mr. M.K. Garg, Advocate, for the petitioner. Mr. O.P. Dabla, DAG, Punjab. A.N. Jindal, J.(Oral) The present revision petition preferred by Amarjit Kaur widow of Baljinder Singh-accused (since deceased) is against the judgment dated 04.07.2001 passed by learned Addl. Sessions Judge, Moga as well as judgment dated 15.11.2000 passed by the trial Court at Moga vide which Baljinder Singh-accused (since deceased) was convicted and sentenced under Section 61(1)(a) of the Punjab Excise Act, 1914 and the jeep bearing Registration No.PB-04E-5873 was ordered to be confiscated. Having scrutinized the impugned judgment, it transpires that no such illegality much less irregularity in the conduct of trial or procedure or any manifest error apparent on the record, has been indicated, warranting interference by this Court. Even otherwise, the recovery of contraband has been duly proved on the record. Therefore, conviction against the accused Baljinder Singh is to be upheld. The limited prayer made by the counsel for the petitioner in this case is that learned Addl. Sessions Judge, Moga, without following the procedure as laid down under Section 78 of the Punjab Excise Act, 1914 (for brevity the ‘Act’) has confiscated the above said Jeep, therefore the order requires to be quashed Arguments heard. -1- Crl. Revision No.1179 of 2001 There is no dispute that on the death of the appellant, the first Appellate Court had rightly dismissed the appeal being abated but the Court fell in error while ordering the confiscation of the jeep as referred to above without following the procedure as laid down under Section 78 of the Act, which reads as under: “ Section 78. Confiscation of article in respect of which offence committed. (1) Whenever an offence punishable under this Act has been committed- (a) every intoxicant or excise bottle in respect of which such offence has been committed together with the contents of such bottle, if any (b) every still, utensil, implement or apparatus and all material in respect of or by means of which such offence has been committed; (c) every intoxicant or excise bottle lawfully imported, transported manufactured, had in possession or sold along with, or in addition to, any intoxicant or excise bottle to confiscation under clause (a); (d) every receptacle, package and covering in which any intoxicant or excise bottle materials, still, utensil, implement or apparatus as aforesaid is or are found together with the other contents (if any) of such receptacle or package, and (e) every animal, cart vessel, raft or other Conveyance used in carrying such receptacle, package, covering or articles as aforesaid; Shall be liable to confiscation. Provided that when it is proved that the receptacles, animals or other articles specified in clauses (d) and (e) are not -2- Crl. Revision No.1179 of 2001 the property of offenders they shall not be liable to confiscation, if the owner thereof establishes that he had no reason to believe that such offence was being or was likely to be committed. (2) When confiscation may be ordered- When in the trial of any offence punishable under this Act the magistrate decides that anything is liable to confiscation under sub section (1), he may order confiscation. Provided that in lieu of ordering confiscation, he may give the owner of the thing liable to be confiscated an option to pay such fine as the magistrate thinks fit.” Admittedly, no such procedure has been adopted by the Courts below regarding confiscation of the jeep bearing registration No.PB-04E- 5873. As such the impugned orders to that extent deserve to be reversed. Accordingly, I partly accept the revision petition and set aside the impugned order to that extent and remit the case back to the trial Court to proceed in accordance with law. 08.12.2010 (A.N. JINDAL) vcgarg JUDGE -3-