Please Log in / Register to access the full text of this judgment and the entire database
(2023) Law Today Live Doc. Id. 18443
Decided on: 21.08.2023
Present:
Mr. Madan Sandhu, Advocate for the petitioner.
Mr. M.S. Nagra, AAG, Punjab.
Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail -- Allegation that on secret information, house of the petitioner was raided -- Though petitioner was not present at home, but search was conducted in the presence of his daughter-in-law and 12 bottles of illicit liquor were recovered – Interim bail granted – Petitioner has since joined the investigation and not required for any investigation, interim anticipatory bail made absolute.
(Para 1-3)
***
DEEPAK GUPTA, J. (ORAL) –
1. On 12.06.2023, the following order was passed by this Court:-
Prayer in the present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case bearing FIR No.37, dated 18.05.2023, under Section 61 of the Excise Act, 1914, registered at Police Station Jhunir, District Mansa.
Allegations are that on that basis of secret information, house of the petitioner was raided. Though petitioner was not present at home, but search was conducted in the presence of his daughter-in-law and 12 bottles of illicit liquor were recovered.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and no recovery was effected from him.
Notice of motion.
At the asking of the Court, Mr. Navneet Singh, Sr. DAG, Punjab, appears and accepts notice on behalf of the respondent-State.
List on 21.08.2023.
In the meantime, petitioner is directed to join investigation and co-operate in the same. He will not leave the country without prior permission of the Court nor shall make any attempt to contact the complainant of the case or any witness associated with the case. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C.”
2. It is informed by learned State Counsel, on instructions from ASI Daler Singh, that in compliance of the order dated 12.06.2023, petitioner has since joined the investigation and he is no longer required for any investigation.
3. In view of the afore-said statement, order dated 12.06.2023 whereby interim anticipatory bail was granted to the petitioner in the FIR in question, is hereby made absolute. However, the petitioner shall continue to join the investigation as and when required by the Investigating Officer and make compliance of the conditions envisaged under Section 438(2) Cr.P.C.
4. Disposed of.
Order accordingly.
********