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Harjeet Singh @ Tindi vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 6 January 2021 · Citation: (2021) 01 P&H CK 0038

HON’BLE JUDGES
Arvind Singh Sangwan, J
ACTS & SECTIONS REFERRED
Excise Act, 1914 — Section 1, 14, 61, 69 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 85 Of 2021
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Judgment

20 paragraphs · 314 words

Arvind Singh Sangwan, J

The petitioner prays for grant of anticipatory bail in FIR No. 89 dated 07.10.2020, registered under Sections 61/69/1/14 of Excise Act, 1914 at Police

Station Dharamgarh, District Sangrur.

Learned counsel for the petitioner submits that as per allegations in the FIR, the police received a secret information that petitioner Harjeet Singh @

Tindi, in connivance with co-accused Goga Singh, is bringing country made liquor, meant for sale in Haryana, and is selling it in surrounding villages of

Punjab.

Learned counsel for the petitioner further submits that thereafter, police conducted a raid on the house of co-accused Goga Singh and recovered 30

bottles of country made liquor meant for sale in Haryana.

Learned counsel for the petitioner further submits that as per the police version, the petitioner’s house was found locked and he was not present

on the spot.

Learned counsel for the petitioner further submits that no recovery is to be effected from the petitioner and he is ready to join the investigation.

Notice of motion.

Mr. H.S. Sullar, DAG, Punjab, who is also appearing through video conferencing, accepts notice on behalf of the respondent-State and submits that

petitioner is involved in two more cases, though he is on bail in those cases.

After hearing learned counsel for the parties, without commenting on the merits of the case, considering the fact that despite having a secret

information that petitioner is involved in smuggling of liquor and also despite having all the knowledge about the movements of the petitioner, no efforts

were made to arrest him at the spot, the present petition is allowed and the petitioner is granted concession of anticipatory bail subject to the conditions

envisaged under Section 438(2) Cr.P.C.

However, it will be open for the Investigating Officer to call upon the petitioner to join investigation, if so required, by issuing him a written notice in

this regard.