High CourtsSingle Bench

Raj Rani vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 6 January 2021 · Citation: (2021) 01 P&H CK 0063

HON’BLE JUDGES
Meenakshi I. Mehta, J
ACTS & SECTIONS REFERRED
Punjab Excise Act, 1914 — Section 61
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 43833 Of 2020
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Judgment

21 paragraphs · 354 words

Meenakshi I. Mehta, J

By way of the instant petition, the petitioner, above-named, seeks the relief of regular bail in the criminal case arising out of the FIR bearing No.128,

as registered at Police Station Behrampur, District Gurdaspur, on 13.11.2020, under Section 61 of the Punjab Excise Act, 1914 with the allegation that

35 bottles of illicit liquor were recovered from her house at the time of the raid as conducted by the police party on the basis of a secret information as

received in this regard.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab has joined the proceedings in pursuance of the notice of this petition having been sent to the respondent-

State in advance.

Custody-certificate of the petitioner has also been received through E-mail and is taken on the record wherein she is shown to be in custody since

19.11.2020.

I have heard learned counsel for the petitioner as well as learned State counsel in the present petition.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in this case and has been in custody since 19.11.2020 and

the trial of the case is likely to take quite some time to conclude and therefore, the petitioner should be extended the relief of being released on regular

bail.

However, learned State counsel argues that keeping in view the nature of the offence and the quantum of the illicit liquor as recovered from the house

of the petitioner, she should not be extended the afore-said concession.

Keeping in view the facts that the petitioner has been in custody since 19.11.2020 and the trial of the case is likely to take sufficient time to conclude

and that no useful purpose will be served by detaining the petitioner in custody as the recovery of the illicit liquor has already been allegedly effected

from her house and without commenting or expressing any opinion on the merits of the case, the petitioner, named Raj Rani, is directed to be released

on bail on her furnishing the requisite bail bonds/surety bonds to the satisfaction of learned Chief Judicial

Magistrate/Duty Magistrate/Illaqa Magistrate, Gurdaspur.

This petition is allowed, accordingly.