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High Court of Punjab and HaryanaCRM-M/984/2024allowed

Meeti Ram Alias Miti v. State Of Punjab

2024-04-16Mr. Justice Kuldeep Tiwari2 pages

2024:PHHC:051233

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-984-2024 Date of Decision : April 16, 2024 MEETI RAM ALIAS MITI -PETITIONER V/S STATE OF PUNJAB -RESPONDENT

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Ms. Amarjot Kaur, Advocate for Mr. B.S. Bhalla, Advocate for the petitioner.

Mr. Raghav Garg, A.A.G, Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

On 10.01.2024, this Court had passed the hereinafter extracted order, upon the instant petition:- "1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner has sought the concession of anticipatory bail, in case FIR No.217 dated 23.10.2023, under Section 61 of The Punjab Excise Act, 1914, registered at P.S. City South, Moga.

2. The allegation against the petitioner is that he was indulging in sale of country made liquor at higher prices, after purchasing the same at cheaper prices from other States. Upon receipt of a secret information, a Nakabandi was held, whereupon, 20 bottles of country made liquor, make: 999 Power Star Fine Whiskey, Sale in Chandigarh, were recovered from the petitioner, however, he managed to flee from the spot.

3. The learned counsel for the petitioner submits that though the petitioner is involved in a number of other cases also, involving similar offences as the one involved herein, however, the recovery allegedly effected in the instant case is only of 20 bottles of liquor DEVINDER YADAV 2024.04.18 09:22 I attest to the accuracy and authenticity of this order/judgment

CRM-M-984-2024 2024:PHHC:051233 and that too licit liquor.

4. Notice of motion for 07.03.2024.

4. Mr. M.S. Bajwa, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

5. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C."

2.

Today, the learned State counsel, on instructions imparted to him by A.S.I. Jaswant Singh, has stated that pursuant to the making of the hereinabove extracted order, the petitioner had joined investigation and he is no longer required for custodial interrogation. 3.

In view of the above, the hereinabove extracted interim order dated 10.01.2024, as made by this Court, is hereby made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C. 4.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 5.

Needless to say that anything observed hereinabove shall not be construed to be an opinion on the merits of the case. (KULDEEP TIWARI) April 16, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.04.18 09:22 I attest to the accuracy and authenticity of this order/judgment