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2017 Supreme(P&H) 2655

HARI PAL VERMA
Prem Singh Alias Gaggi – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Ram Bilas Gupta, Advocate
For the Respondent: M.S. Nagra, AAG

JUDGMENT :

Hari Pal Verma, J.

Prayer in the present petition filed under section 439 of the Code of Criminal Procedure, 1973 is for grant of regular bail to the petitioner in case F.I.R No. 80 dated 12.08.2017 under Section 61 of the Punjab Excise Act, 1914 (for short, "the Act") registered at Police Station Longowal, District Sangrur.

2. Learned counsel for the petitioner contends that the allegation against the petitioner is that he was found in possession of 1200 bottles of country made liquor. He is a labourer and a false case has been fastened upon him. There is no other case against the petitioner and he is in custody since 18.02.2017.

3. Learned State counsel does not dispute the custody of the petitioner. He submits that recovery of 1200 bottles of country made liquor was effected from the petitioner and sample of the same has been sent to FSL laboratory and investigation in the matter is in progress.

4. I have heard learned counsel for the parties.

The alleged recovery made from the petitioner is 1200 bottles of country made liquor. Admittedly, the FSL report is still awaited. In the absence of FSL report, it is difficult to comment as to whether the case against the petitioner



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