Gogi Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-1.9.2022 Gogi Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Dharam Lal, Advocate for Mr. Amit Kumar Walia, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab, assisted by ASI Najjar Singh.

***** 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.05 dated 10.1.2022, Police Station City Sunam, District Sangrur under Section 61/1/14 of Punjab Excise Act, 1914.

2.

At the time of issuance of notice of motion, the following order was passed on 2.4.2022:

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.05 dated 10.1.2022, Police Station City Sunam, District Sangrur under Section 61/1/14 of Punjab Excise Act, 1914.

( 2 ) The FIR was lodged on the basis of secret information received by the police to the effect that Gogi Singh (petitioner) indulges in bringing liquor from Haryana at cheaper rates so as to sell the same in Punjab. The information was further to the effect that he had stored huge quantity of country made liquor meant for sale in Haryana in his newly constructed house at Sunam. Pursuant to receipt of said information, a raid was conducted and 48 bottles of country made liquor (brand Shaukeen) meant to be sold in Haryana was recovered. However, the petitioner was not found at the spot. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that since the petitioner was never present at the spot, the alleged recovery cannot be connected to him in any manner.

Notice of motion for 1.9.2022.

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 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 ASI Najjar Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. Learned State counsel has informed that the petitioner is not involved in any other case.

4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation and he is not stated to be involved in any other case, the petition is accepted and the interim directions issued by this Court vide order dated 2.4.2022 are

( 3 ) 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.

1.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No