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(2021) Law Today Live Doc. Id. 16365
Decided on: 14.07.2021
Present:
Mr. Amit Khari, Advocate for Mr. Ramnish Puri, Advocate for the petitioner.
Mr. Sandeep Kumar, DAG, 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 – Interim bail granted on submission that FIR was registered on the basis of secret information, police did not comply with the mandatory requirement of Section 100(4) Cr.P.C., 30 bottles of illicit liquor recovered from the house of the petitioner and anticipatory bail declined on the ground that he is also involved in earlier FIR u/s 61-1-14 of the Excise Act in which 280 kgs. lahan was recovered -- Petitioner has joined the investigation to the entire satisfaction of the Investigating Officer -- Petitioner is no more required for further investigation in the case -- Interim order made absolute.
(Para 3-7)
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RAJ MOHAN SINGH, J. (ORAL) –
1. The case has been taken up for hearing through video conferencing.
2. Petitioner seeks grant of anticipatory bail in case bearing FIR No.200 dated 12.12.2020 registered under Section 61 of the Punjab Excise Act at Police Station Gharinda, District Amritsar.
3. On 09.04.2021, following order was passed by this Court:-
“The case has been taken up for hearing through video conferencing.
Learned counsel for the petitioner submits that the FIR was registered on the basis of secret information. The Police did not comply with the mandatory requirement of Section 100(4) Cr.P.C. 30 bottles of illicit liquor were allegedly recovered from the house of the petitioner. Anticipatory bail has been declined to the petitioner on the ground that he is also involved in earlier FIR No.158/20 under Section 61-1-14 of the Excise Act in which 280 kgs. lahan was recovered.
Learned counsel further submits that the petitioner is on anticipatory bail in the said FIR.
Notice of motion for 14.07.2021.
In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 16.04.2021 at 11.00 a.m. and in the event of his arrest, he shall be enlarged on ad interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
Nothing expressed hereinabove shall be construed to be an opinion in the merits of the case. The case shall be decided on the merits on the adjourned date.”
4. Learned counsel for the petitioner submits that in compliance of the aforesaid order, the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.
5. Learned State counsel on instructions from ASI Angrej Singh admits the aforesaid fact and submits that the petitioner is no more required for further investigation in the case.
6. In view of aforesaid factual position, the interim order dated 09.04.2021 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
7. Petition stands disposed of.
Order accordingly.
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