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High Court of Punjab and HaryanaCRM-M/5285/2021allowed

Gurmeet Singh v. State Of Punjab

2021-08-20Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-5285-2021 (O&M) Date of Decision:-20.8.2021 Gurmeet Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Naveen Sharma, Advocate for the petitioner. Mr. Ashok Amar Pathak, Addl.A.G., Punjab.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.61 dated 29.2.2020 at Police Station Moti Nagar, District Ludhiana under Section 61 of Punjab Excise Act. 2.

At the time of issuance of notice of motion on 5.2.2021, the following order was passed:

"The petitioner seeks anticipatory bail in respect of a caseregistered vide FIR No.61 dated 29.02.2020 at Police Station Moti Nagar, District Ludhiana, under Section 61 of the Punjab Excise Act, 1914, wherein it is alleged that the Police had received a secret information to the effect that the petitioner Gurmeet Singh indulged in sale of liquor illegally and was waiting for customers PANKAJ KAKKAR 2021.08.20 19:51 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-5285-2021 (O&M) at his rented accommodation, where he had kept liquor. It is further the case of prosecution that pursuant to receipt of the said information, a raid was conducted at the nominated place and 60 bottles of liquor mark '555 Gold Whisky' meant to be sold in Chandigarh were recovered. However, the petitioner is alleged to have run away from the spot.

Notice of motion for 03.05.2021.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions, the petitioner has since joined investigation and is not required for any custodial interrogation. 4.

In view of the aforestated position, wherein the petitioner was not arrested at the spot and is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 5.2.2021 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 20.8.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.08.20 19:51 I attest to the accuracy and integrity of this document