JUDGMENT :

Sandeep Moudgil, J. (Oral)

1. Relief Sought

The jurisdiction of this Court under Section 482 of BNSS, 2023, seeking regular bail to the petitioner in case FIR No. 81, dated 11.09.2024, under Section 61(1) (a) Punjab Excise Act, 1914, registered at Police Station Sector 7, Panchkula.

2. Facts

Prosecution story set up in the present case as per the version in the FIR read as under

"Complaint as under, To the SHO PS Sector 7 Panchkula, R/Sir I Ravinder Kumar (Duty Magistrate) s/o Satish Kumar r/o village Bhadog District Ambala, Haryana. Presently I am TGT History Teacher at Govt Sr Sec School Toda Panchkula and I am posted at PGT History and I had duty as a Duty Magistrate during Haryana Assembly Election at Naka at sector 7 Panchkula. On 10.09.2024 at about 10 PM, I was on my duty. Other officials were also present along with me EHC Krishan Kumar 2/517 IRB, HGH Naresh Kumar 924 PKL and SPO Raj Paul 311 PKL and camera man Anurag. At about 11.15 one car came from Chandigarh side. Cra was stopped and during checking of car videography was done. One young boy was sitting in the car was asked for checking of one bag. The boy told that the bag contains the chemical. On checking of bag 25 bottles of Royal Stag Whisky and 275 bottles of Everyday Gold Whisky were found contained in the said bag and it was written only for sale in Chandigarh was written. In the mean time young boy slip away from the spot. Maruti Suzuki Ertiga PB 01D 2022 driver Gurdev Mehra s/o Hardayal Singh r/o Targarh Pathankot Punjab 145025 and he told that he is working as driver and young boy has booked the car from sector 24 to Hardwar. That illegal liquor has been recovered from the bag. That necessary legal action to be taken against the young boy. Sd Ravinder Kumar. "

3. Contentions

On behalf of the petitioner

Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He further contends that as per the allegations the petitioner was apprehended with the bag containing 25 bottles of Royal Stag Whisky and 275 bottles of Everyday Gold Whisky and slip away from the spot. The story put forth by the prosecution is highly improbable that 300 bottles of liquor are contained in a bag.

On behalf of the State

On the other hand, learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and has filed the custody certificate of the petitioner, which is taken on record. According to which, the petitioner has suffered incarceration for a period of 2 months and 2 days. He prays for dismissal of the present petition stating that the petitioner was apprehended with a large quantity of liquor and later on slipped away from the spot. He informs the Court that in the present FIR challan stands presented on 31.12.2024 wherein, the prosecution has cited total 10 witnesses.

4. Analysis

From the perusal of record, it can be culled out that as per the allegation the petitioner was apprehended along-with a bag containing 300 bottles of liquor, which is highly improbable as no body would carry such a huge quantity of liquor in a bag added with the fact that investigation is complete and challan stands presented on 31.12.2024 wherein, the prosecution has cited 10 witnesses, charges are yet to be framed, which is sufficient for this Court to infer that the conclusion of trial is likely to take considerable time and detaining the petitioner behind the bars for an indefinite period would solve no purpose and as per the principle of the criminal jurisprudence, no one should be considered guilty, till the guilt is proved beyond reasonable doubt.

Reliance can be placed upon the judgment of the Apex Court rendered in Dataram versus State of Uttar Pradesh and another", 2018(2) R.C.R. (Criminal) 131, wherein it has been held that the grant of bail is a general rule and putting persons in jail or in prison or in correction home is an exception. Relevant paras of the said judgment is reproduced as under:-

"2. A f