Supreme Court · 2009 INSC 759 · Decided 8 May 2009
Chand Gupta and ORS. v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 2009 INSC 759 · [2009] 8 S.C.R. 285
- Case number
- CRIMINAL APPEAL No. 202/2002
- Decided
- 8 May 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 173
Headnote
285 CHAND GUPTA AND ORS. v. STATE OF HIMACHAL PRADESH (Criminal Appeal No. 202 of 2002) MAY 8, 2009 [OR. ARIJIT PASAYAT AND DR. MUKUNDAKAM i SHARMA, JJ.) Punjab Excise Act, 1914 - s. 61 (1) (a) - Prosecution under~ For unlawful possession of liquor - Recovery in raid, of liquot in excess of the 61 (1) (a) not applicable and their act! omission was covered u/s. 65 (c) for omission to cancel their transport permit for a consignment - Held: Accused was liable to be convicted u/s. 61 (1) (a) - In view of nature of offence; not entitled to benefit under probation of Offenders Act - Probation
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