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2008 Supreme(P&H) 694

RAJESH BINDAL
Jarnail Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Rajesh Bindal, J.

1. This order will dispose of a bunch of petitions, namely, Criminal Misc. Nos. 56591-M, 59325-M, 59327-M, 59967-M, 59969-M, 59971-M, 59973-M, 59975-M, 59977-M, 59979-M, 65940-M, 72085-M, 74003-M, 78656-M and 78671-M of 2006 involving identical question of law with similar facts. The facts are being noticed from Criminal Misc. No. 59327-M of 2006.

2. The challenge in the present petition is to the order dated 26.9.2005 passed by the learned Sub Divisional Judicial Magistrate, Samrala in Criminal Case No. 182/2 arising out of FIR No. 72 dated 20.5.2005 registered at Police Station Machhiwara under Section 61/1/14 of the Punjab Excise Act, 1914 (for short, `the 1914 Act).

3. The facts as stated in the petition are that FIR No. 72 was registered against the petitioner on 20.5.2005 under Sections 61/1/14 of the 1914 Act at Police Station Machhiwara with the allegation that 8 bottles of Desi Lal Kila liquor were recovered from the petitioner. The petitioner was arrested and released on bail. Police after investigation presented challan before the learned Illaqa Magistrate. On 25.10.2005, charge under Section 61/1/14 of the 1914 Act was framed against the petiti






















































































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