The Himachal Pradesh High Court has quashed a criminal case registered against a liquor bottling unit owner in connection with the transportation of Indian Made Foreign Liquor (IMFL), holding that most of the allegations were not sustainable in law. The Court, however, directed the petitioner to pay a fine of ₹50,000 for transporting two boxes of liquor without a valid permit.
Justice Sandeep Sharma passed the order while allowing a petition filed by Manik Kumar seeking quashing of an FIR registered at Sadar Una Police Station.
Background of the Case
The case arose from an FIR lodged on December 27, 2020, after police intercepted a truck carrying 402 boxes of IMFL branded "Golden Tiger." Initially, authorities alleged that the liquor was being transported without the required permit.
During the investigation, the driver produced documents showing that a valid permit had been issued for the transportation of 400 boxes. The dispute remained only with respect to two additional boxes allegedly carried without authorization. Investigators also found that some bottles bore batch numbers different from those mentioned in the permit.
The Excise Department later informed the police that the mismatch in batch numbers resulted from a labeling error by workers engaged at the bottling unit.
According to departmental communications placed before the Court, duties and levies had already been paid and there was no allegation of adulteration or change in the quality of liquor. The department treated the issue as a regulatory lapse falling under Section 43 of the Himachal Pradesh Excise Act rather than a serious offence under Section 39.
Examining the record, Justice Sharma noted that 400 boxes of liquor were being transported under a valid permit and that the dispute regarding batch numbers stemmed from incorrect labeling.
The Court observed that the prosecution had not alleged any adulteration or unlawful change in the liquor itself. It further noted that the Excise Department had repeatedly clarified that the batch-number discrepancy occurred because of human error by labourers engaged in bottling and packaging operations.
The bench observed that proceedings based on the alleged batch mismatch were unlikely to succeed.
“The discrepancy occurred on account of wrong labelling of bottle by the labour employed by the petitioner,” the Court noted while discussing the departmental findings.
The High Court held that a case could survive only with respect to the transportation of two boxes of IMFL that were allegedly being carried without a permit. Since such a violation was compoundable under the Himachal Pradesh Excise Act, the Court decided to put an end to the criminal proceedings.
Quashing the FIR and all consequential proceedings, the Court compounded the offence and directed the petitioner to pay a fine of ₹50,000 for transporting the two boxes without a valid permit.
The Court also clarified that its order would not affect any separate proceedings that may have been initiated under Section 43 of the Excise Act.
Case Details
Case Title: Manik Kumar v. State of Himachal Pradesh and Another
Case Number: Cr.MMO No. 401 of 2023
Judge: Justice Sandeep Sharma
Decision Date: 06 May 2026
