Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
Jatinder Singh @ Minda - Petitioner
Versus
State of Punjab – Respondent
CRM-M-26187 of 2021
Decided On : 15-07-2021
Anticipatory Bail - Punjab Excise Act, 1914 - False implication - Recovery of liquor - Grant of anticipatory bail subject to joining investigation within 15 days
Fact of the Case:
The petitioner seeks anticipatory bail in a case involving the recovery of liquor under the Punjab Excise Act, 1914, and other related sections. The petitioner was nominated based on the car being purchased by his brother, and the petitioner claims false implication.
Finding of the Court:
The court granted anticipatory bail to the petitioner, noting that he was not apprehended at the spot, no recovery was made from him, and his involvement in two more cases under the Punjab Excise Act, 1914, was not sufficient ground to deprive his personal liberty. The petitioner was granted anticipatory bail subject to joining the investigation within 15 days.
Issues: False implication, Grant of anticipatory bail, Involvement in multiple cases under the Punjab Excise Act, 1914
Ratio Decidendi: The court considered the lack of direct involvement of the petitioner in the recovery of liquor, the absence of apprehension at the spot, and the insufficiency of his involvement in other cases as grounds for granting anticipatory bail.
Final Decision: The petition for anticipatory bail was allowed, with the petitioner being granted bail subject to joining the investigation within 15 days.
JUDGMENT :
AVNEESH JHINGAN, J.
1. The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This is a petition under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 228 dated 10.8.2020, under Section 61 of the Punjab Excise Act, 1914, Section 188 IPC and Section 51 of the Disaster Management Act, 2005, registered at Police Station Bhawanigarh, District Sangrur.
3. On 10.8.2020, the police acting on a secret information checked car bearing registration No. HR-05N-0169 near bridge of a canal in the area of village Bhatiwal Khurd. The driver and the co-occupant were able to flee. On search, 96 bottles of country made liquor having label of Fresh Malta and Mast Shehnshah were recovered. The petitioner was nominated on the basis that the car was purchased by the brother of the petitioner.
4. Learned counsel for the petitioner submits that it is a case of false implication. The petitioner was not apprehended at the spot, no recovery is to be made and he is ready to join the investigation and co-operate.
5. Learned counsel for the State on instructions from ASI-Sarabjit Singh opposes the prayer of grant of pre-arrest bail. She submits that the petitioner is involved in two more cases under the Punjab Excise Act, 1914.
6. The petitioner was not apprehended at the spot. The basis of his nomination in the FIR is that his brother owned the car. No recovery is to be made from the petitioner. Mere involvement of the petitioner in two more cases is not sufficient ground to deprive his personal liberty. The petitioner is granted anticipatory bail subject to his joining investigation within 15 days. In the event of arrest, the petitioner shall be released on bail subject to his furnishing adequate bail bonds to the satisfaction of the Investigating Officer. He is directed to join the investigation as and when called for. He shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
7. The petition is allowed.
8. In case of failure of petitioner to join the investigation, the State would be at liberty to file an application for re-calling of this order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
