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(2020) Law Today Live Doc. Id. 16373
Decided on: 23.09.2020
Present:
Mr. Ritesh Aggarwal, Advocate for the petitioner.
Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 1, 14 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail -- Allegations as per the FIR are that police on secret information got recovered 100 litre of Lahan from room adjoining residential house of petitioner – As per petitioner false case has been planted against him and he is a simple agriculturist and is not involved in any other case and therefore, has prayed for grant of anticipatory bail -- Petitioner is not required for custodial interrogation at all -- Petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C and would not make any default in this regard.
(Para 2-7)
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JASGURPREET SINGH PURI, J. (ORAL) –
1. Present petition has been filed for grant of anticipatory bail to the petitioner in FIR NO.199 dated 01.07.2020 registered under Sections 61, 1, 14 Punjab Excise Act at Police Station Patran, District Patiala.
2. Learned counsel for the petitioner has submitted that in the present case allegations as per the FIR are that police on secret information got recovered 100 litre of Lahan from room adjoining to his residential house. According to learned counsel for the petitioner false case has been planted against the petitioner. Petitioner is a simple agriculturist and is not involved in any other case and therefore, has prayed for grant of anticipatory bail.
3. Notice of motion.
4. On asking of the Court, Shri H.S.Sitta, Addl.AG, Punjab accepts notice on behalf of the State.
5. Learned State counsel at the outset on instructions from ASI Rajvinder Kaur submits that the petitioner is not required for custodial interrogation at all.
6. I have heard the learned counsel for the parties.
7. In view of the statement made by learned State counsel that the petitioner is not required for custodial interrogation, the present petition is allowed. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C and would not make any default in this regard.
Petition allowed.
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