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Judgment
105 paragraphs · 456 wordsAnoop Chitkara, J
FIR No
Dated
Police Station
Sections
186
28.10.2022
Jathlana, Distt. Yamuna Nagar
61(1)(14) of Punjab Excise Act, 1914
The petitioner apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail.
In paragraph 12 of the bail petition, the accused declares that he is involved in 19 other cases.
As per instructions given by the state , the petitioner has nineteen more criminal cases, whose details are as follows:
Sr. No.
FIR No.
Date
Offences
Police Station
1
237
22.11.1995
382 IPC
Jathlana, Distt. Yamuna Nagar
2
249
22.06.1197
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
3
454
17.12.1997
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
4
25
16.07.1999
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
5
28
09.04.2001
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
6
34
09.05.2001
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
7
48
31.07.2021
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
8
18
07.03.2003
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
9
60
15.05.2004
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
10
114
16.10.2004
379 IPC
Jathlana, Distt. Yamuna Nagar
11
18
23.04.2005
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
12
130
20.12.2012
61/1/14 of Excise Act
Jathlana, Distt. Yamuna Nagar
13
22
03.03.2017
13C2-2GS Act
Jathlana, Distt. Yamuna Nagar
14
35
06.04.2018
15-61-85 of NDPS Act
Jathlana, Distt. Yamuna Nagar
15
239
16.12.2016
13(1)-3 of Gausamvardhan Act
Babain
16
202
19.06.2020
15-61-85 of NDPS Act
Sadar Yamuna Nagar
Petitioner’s counsel argued that FIR was registered based on the secret information.
State’s counsel opposes the bail and contends that given the criminal past, the accused is likely to indulge in crime once released on bail.
REASONING:
The allegations are transporting alcohol, which is the State’s privilege, without paying the revenue and in violation of the State’s Excise Policy.
Undoubtedly the FIR was registered on the basis of a secret information, and the raw material was recovered from petitioner’s home. Furthermore the petitioner has huge criminal history which prima facie shows that illicit trade in liquor is his main source of business .
8 Given above, and the unfair conduct of the petitioner does not entitle him to anticipatory bail under section 438 CrPC.In the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for anticipatory bail under section 438 CrPC.
9 Any observation made hereinabove is neither an expression of opinion on the case's merits, neither the court taking up regular bail nor the trial Court shall advert to these comments.
Petition dismissed in aforesaid terms.All pending applications, if any, stand disposed.