Take Singh @ Tek Singh vs State Of Punjab

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No. 57 dated 23.05.2020, under Section 61 of the Punjab Excise Act, 1914, (‘Excise Act’ - for

short), registered at Police Station Nandgarh, District Bathinda.

Learned counsel for the petitioner contends that it is alleged that a working still, 30 litres of ‘lahan’ and 750 mls of illicit liquor were recovered

from the house of the petitioner. It is also alleged that the petitioner had run away from the spot. He, however, contends that the prosecution version is

highly improbable, as it would not be possible for the petitioner, who is 80 years of age, to run away in the presence of several police officials. He also

contends that there is no independent witness to the recovery. He further contends that the petitioner is not involved in any other case under the

Excise Act.

Issue notice to the respondent.

At the asking of the Court, Mr. Dhruv Dayal, Senior DAG, Punjab, accepts notice on behalf of the respondent. He contends that in view of the gravity

of the offence alleged to have been committed by the petitioner, he is not entitled to the concession of anticipatory bail.

Without expressing any opinion on the merits of the case and in view of the above, especially when the son of the petitioner had been arrested on the

spot, petitioner is 80 years of age and he is not involved in any other case under the Excise Act, I deem it a fit case to grant the concession of

anticipatory bail to the petitioner.

Therefore, the petitioner is directed to appear before the investigating officer within a period of 15 days from the date of receipt of certified copy of

this order and on his doing so, he shall be released on bail to the satisfaction of the arresting/investigating officer till submission of report under Section

173 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' - for short). The petitioner shall continue to join investigation and shall furnish an undertaking

that he shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C. Thereafter, he will be permitted to furnish regular bail bonds to the

satisfaction of the trial Court.

The petition stands disposed of in the aforementioned terms.