The principle that bail is the rule and jail is the exception was reaffirmed, emphasizing the presumption of innocence and the necessity for a balanced approach in granting bail.

JUDGMENT

Kuldeep Tiwari, J. (Oral)

Through this petition, filed under Section 439 Cr.P.C., relief of regular bail has been sought in case FIR No.326 dated 08.08.2023, under Sections 420, 467, 468 and 471 of IPC and Section 61(1) (a) of the Punjab Excise Act, 1914 (Haryana Amendment Bill, 2020), registered at Police Station, Dabwali, Sadar (Sirsa), District Sirsa, Haryana.

2. Learned counsel for the petitioner submits that the petitioner is behind the bars since 08.08.2023, and has been falsely implicated in the instant FIR (supra), despite being having valid licence and passes to transport the liquor. He further submits that two passes of Excise Department, which are alleged to be forged one, were produced by the contractor of the petitioner on 18.08.2023. He further submits that even if we consider the allegation as a gospel truth, then only the offence punishable under the Excise Act is made out. The offences under Sections 420 and 471 IPC are attracted only on the act and conduct of the contractor of the petitioner, who in fact presented the passes to the Police officials concerned. He also submits that there is no dispute that he was carrying the country made liquor, English liquor and beer, which are legally produced and purchased, however, since the petitioner was unable to show any passes to transport the same, thus he has been involved in the instant matter.

3. The investigating agency was brought into motion upon a complaint lodged by SI Ram Niwas, who was on a patrolling duty and was going from village Dabwali to Ellenabad in an official vehicle bearing registration no.HR24GV/1414 in connection with patrolling and when they reached near Bus Stand, Moujgarh, one car was seen coming from the side of Ellenabad and on seeing the police party, its driver got perplexed and turned his vehicle back and as he turned his vehicle and tried to proceed towards Ellenabad, the engine of the vehicle went off. On suspicion, the driver of the vehicle was over powered by SI Ram Niwas with the help of other police officials and on enquiry, he disclosed his name as Mahender son of Dharampal, resident of village Beed Bhadra, District Hanumangarh. On checking, the vehicle i.e. the white coloured Mahindra Pick-up Bolero was found carrying cardboard boxes of country made liquor, English liquor and beer. The driver of the vehicle was asked to produce licence, permission, or permit, but he failed to produce the same.

4. Huge quantity of country made liquor, English liquor and beer was recovered from the vehicle, therefore, initially the offence under Section 61(1) (a) of Excise Act was invoked.

5. During investigation, on 18.08.2023 i.e. after 10 days of the arrest of the petitioner, the contractor with whom the petitioner was working as a driver had produced two passes of Excise Department before the Court, which were sent for verification. The Excise Department after inspection vide its letter no.468/Ex dated 18.08.2023, had handed over its report regarding inspection. The validity regarding the liquor passes no. 233024093116 & 233007093117 were found valid as per their office record and the pass no.233007093117 was valid on dated 08.08.2023 from 11:37 AM to 2:39 PM and pass no.233024093116 was valid on dated 08.08.2023 from 11:34 AM to 2:37 PM., but it is mentioned in the said letter that the above said vehicle, in respect of which FIR was registered, was apprehended at 1:00 AM on 08.08.2023. Therefore, the above said passes have no concern with the liquor, as the vehicle was recovered by the Police with the liquor on 08.08.2023 at 1:00 AM. Further, it is mentioned that the vehicle apprehended by the police and the vehicle number mentioned in the passes are different. It is further mentioned in the letter that if a person is found in possession of liquor or beer without the excise pass (Form L-34) beyond the specified quantity and without any excise licence permit, or transport it without any pass, then it is against Excise Rules

6. Therefore