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(2020) Law Today Live Doc. Id. 15779
Decided on: 30.12.2020
Present:
Mr. Gagandeep Singh Bajwa, Advocate for the petitioner.
Mr. Amit Mehta, Senior Deputy Advocate General, Punjab.
Punjab Excise Act, 1914 (1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail -- Secret information received that petitioner is selling illicit liquor and if raid is conducted, she can be apprehended -- Raid was conducted and allegedly 50 kg lahan was recovered from her house –Considering the facts of the case in entirety, more so that it is not forthcoming as to why she was not arrested at the time of raid, petitioner granted anticipatory bail.
(Para 2-6)
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AVNEESH JHINGAN, J. (ORAL) –
1. The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This is a petition seeking anticipatory bail in FIR No. 378, dated 2nd November, 2020 under Section 61 of the Punjab Excise Act, 1914 registered at Police Station Jandiala, District Amritsar.
3. As per the FIR, there was secret information received that petitioner-Paramjit Kaur is selling illicit liquor and if raid is conducted, she can be apprehended. Raid was conducted and allegedly 50 kg lahan was recovered from her house.
4. Mr. Gagandeep Singh Bajwa, learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated, no family member or any other independent witness was made to join. Earlier also there is an Excise matter in which there is alleged recovery of 30 bottles of liquor. The contention is that no recovery is to be made.
5. Mr. Amit Mehta, Senior Deputy Advocate General, Punjab opposes the prayer of anticipatory bail and submits that petitioner is a habitual offender, she was on bail in FIR No. 300/2020 yet another recovery is made.
6. Considering the facts of the case in entirety, more so that it is not forthcoming as to why she was not arrested at the time of raid, petitioner is granted anticipatory bail subject to her joining investigation within a week. In the event of arrest, the petitioner shall be released on bail subject to her furnishing adequate bail bonds to the satisfaction of the Investigating/Arresting Officer. She is directed to join the investigation as and when called. She shall abide by the conditions as envisaged under Section 438 (2) Cr. P.C.
7. The petition is allowed.
Petition allowed.
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