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Judgment
18 paragraphs · 354 wordsAvneesh Jhingan, J
The matter is taken up for hearing through video conference due to COVID-19 situation.
This is a petition seeking anticipatory bail in FIR No. 109, dated 27th May, 2020 under Section 61 (1) of the Punjab Excise Act, 1914, registered at
Police Station Sadar, District Pathankot.
It is stated in the FIR that secret information was received that petitioner is doing a business of illicit liquor and if raid is conducted in his new house
where he is not residing presently, then heavy quantity of liquor can be recovered. As a result of secret information, raid was conducted. As per story
forthcoming, the petitioner was sitting on a bed and on asking, he disclosed his name. 60 bottles of illicit liquor were recovered from two plastic Cans
which were lying under the bed on which petitioner was sitting.
Mr. S.K. Choudhary, learned counsel appearing for the petitioner submits that petitioner has been falsely implicated, in fact he was not there at the
time of raid and no recovery was made therefrom.
Mr. Amit Mehta, Senior Deputy Advocate General, Punjab submits that petitioner is a habitual offender and other cases are also pending against him.
If the story put forth in the FIR is to be believed, the petitioner was sitting on the bed at the time of raid, two plastic Cans were recovered from under
the bed where he was sitting. In raid he disclosed his name, yet nothing is forthcoming why he was not arrested at the spot. Merely, the fact that there
are other cases pending against him, would not be a ground to deprive him of personal liberty. More so, no recovery is to be made from the petitioner.
Petitioner is granted anticipatory bail subject to his joining investigation within a week. In the event of arrest, the petitioner shall be released on bail
subject to his furnishing adequate bail bonds to the satisfaction of the Investigating/ Arresting Officer. He is directed to join the investigation as and
when called. He shall abide by the conditions as envisaged under Section 438 (2) Cr. P.C.
The petition is allowed.