High CourtsSingle Bench

Paramjit Kaur vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 30 December 2020 · Citation: (2020) 12 P&H CK 0475

HON’BLE JUDGES
Avneesh Jhingan, J
ACTS & SECTIONS REFERRED
Punjab Excise Act, 1914 — Section 61 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 44263 Of 2020
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Judgment

16 paragraphs · 275 words

Avneesh 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. 378, dated 2nd November, 2020 under Section 61 of the Punjab Excise Act, 1914 registered at

Police Station Jandiala, District Amritsar.

As per the FIR, there was secret information received that petitioner-Paramjit Kaur is selling illicit liquor and if raid is conducted, she can be

apprehended. Raid was conducted and allegedly 50 kg lahan was recovered from her house.

Mr. Gagandeep Singh Bajwa, learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated, no family member or

any other independent witness was made to join. Earlier also there is an Excise matter in which there is alleged recovery of 30 bottles of liquor. The

contention is that no recovery is to be made.

Mr. Amit Mehta, Senior Deputy Advocate General, Punjab opposes the prayer of anticipatory bail and submits that petitioner is a habitual offender,

she was on bail in FIR No. 300/2020 yet another recovery is made.

Considering the facts of the case in entirety, more so that it is not forthcoming as to why she was not arrested at the time of raid, petitioner is granted

anticipatory bail subject to her joining investigation within a week. In the event of arrest, the petitioner shall be released on bail subject to her furnishing

adequate bail bonds to the satisfaction of the Investigating/ Arresting Officer. She is directed to join the investigation as and when called. She shall

abide by the conditions as envisaged under Section 438 (2) Cr. P.C.

The petition is allowed.