Amrinder Singh @ Nikra and another vs State of Punjab

Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioners in case FIR No.90 dated 23.07.2018 under Section

61/1/14 of the Excise Act, 1914, registered at Police Station Doraha, District Khanna.

The allegations against the petitioners are that the petitioners were arrested for having found in possession of 30 boxes of liquor mark Himmat, 15

boxes of liquor mark Star Whiskey and 15 boxes of liquor mark Jublee Special for sale in Chandigarh only and tempo-traveler bearing registration

No.PB-01-6894 was recovered from their possession. Learned counsel for the petitioners states that there is no other case against the petitioners and

they are in custody since 23.07.2018 and trial may take long time as even challan has not been presented in this case.

Learned State Counsel on instructions from ASI Mohinder Pal Singh states that the offence against the petitioners is serious as huge quantity has been

recovered. Moreover, the petitioners are running a parallel vend and are causing great loss to the state exchequer.

Having heard learned counsel for the parties and considering the fact that the offence under Section 61/1/14 of the Excise Act is triable by the

Magistrate and the petitioners are in custody since 23.07.2018, coupled with the fact that trial in the case may take long time, I deem it appropriate to

release them on regular bail.

Accordingly, the present petition is allowed and the petitioners are admitted on regular bail, subject to furnishing of their bail bonds/heavy surety bonds

to the satisfaction of trial Court.

It is made clear that the petitioners shall submit an affidavit to the effect that in future they will not indulge in any offence like the present one. In case,

they are found indulged in any case, the prosecution would be at liberty to seek cancellation of their bail.