#Punjab Excise Act

The Himachal Pradesh High Court overturned a conviction after police failed to record written reasons for searching a vehicle under Section 165 CrPC and depended on a witness with a pattern of appearing in police cases. This ruling reinforces that procedural compliance is non-negotiable in search operations and that reliance on habitual police witnesses undermines evidentiary credibility in excise and criminal prosecutions.

The Punjab & Haryana High Court reduced a Rs.8 lakh bank guarantee for vehicle release on sapurdari to Rs.4 lakh, holding that excessive financial conditions defeat the purpose of interim relief when the vehicle is not essential evidence. This sets a critical precedent for courts to assess proportionality and economic feasibility before imposing bail-like conditions under the new BNSS framework.

The Himachal Pradesh High Court reduced a conviction under Section 61(1)(a) to six months’ imprisonment, holding that extreme delay in trial-over 17 years-combined with the convict’s status as a daily wage earner supporting three dependents, renders the statutory maximum sentence disproportionate. This ruling establishes that personal hardship and systemic delay can override deterrence in petty excise offenses, setting a new benchmark for sentencing proportionality in state liquor cases.