The matter pertains to the seizure of liquor by the Excise and Taxation Department, which claimed that the stock had been stored in violation of rules. An FIR was subsequently registered against the directors of the company, ACL Wines Private Limited.
Court orders release of 1,366 cases of liquor seized, asks firm to submit bonds worth Rs 50 lakh
The Court of Additional Chief Judicial Magistrate (ACJM) has ordered the release of 1,366 cases of liquor, worth lakhs of rupees, seized from a godown in Transport Area, Sector 26, Chandigarh.
The Court of ACJM Rahul Garg directed that the consignment be released to the applicant on superdari — a provision that allows the release of confiscated goods before the trial completes — against bonds of Rs 50 lakh, while also restraining the police from sending any bottles from the seized stock to the Central Forensic Science Laboratory (CFSL) for testing.
The matter pertains to the seizure of liquor by the Excise and Taxation Department, which claimed that the stock had been stored in violation of rules. An FIR was subsequently registered against the directors of the company, ACL Wines Private Limited.
Story continues below this ad
The applicant — ACL Wines — contended before the court that it was a private limited company duly incorporated under the Companies Act and a licensed vendor for the year 2025–2026, having authorisation to sell country liquor, IMFL, beer, wine and RTD beverages.
The company, through its counsel submitted that due to shortage of space in its existing premises, it had sought permission for an additional godown at Sector 26, Transport Area, by filing applications on May 29 and July 4. While the Assistant Excise and Taxation Commissioner had sought some documents in June, the applicant claimed it duly submitted them in July and was awaiting a decision. Believing the permission would follow, the company stored the liquor in the rented premises.
Instead of deciding the application, the Excise Department, along with the police, seized the stock and registered an FIR. The company said that the liquor had been legally purchased against valid invoices.
It claimed that of the seized stock of the liquor, some bottles were being separated by the police in a bid to send them to the CFSL, calling the action “uncalled for”.
Story continues below this ad
Opposing the plea, the state contended that the seized liquor was “case property” and needed for proper investigation.
After hearing both sides, ACJM Garg observed that the applicant was indeed a licensed vendor at the time of seizure and had produced invoices showing lawful purchase. Declining the application would be “too harsh” and not in the interest of justice, especially when the ownership and legality of the liquor were not disputed, the court observed.
Accordingly, the court ordered the release of the liquor on superdari subject to surety bonds of Rs 50 lakh, and directed the Investigating Officer to prepare a complete inventory before handing over the stock.
“The concerned SHO/IO is directed to not to send the seized liquor or any part thereof to CFSL. The applicant is directed not to dispute the identity of the case property during trial,” the court held.
Story continues below this ad
ACJM Garg also made it clear that if after conclusion of the trial, the accused is found guilty of the charges levelled against him, he shall be required to submit the superdari amount in the court.