High Court of Punjab and HaryanaCRM-M/53288/2018dismissed

Rakesh Kumar v. State Of Punjab

2018-12-03Lok Adalat Bench - 12 pages

CRM-M-53288 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-53288 of 2018 DECIDED ON: December 03, 2018 RAKESH KUMAR @ ROCKY ..PETITIONER

VERSUS

STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Peeush Gagneja, Advocate, for the petitioner.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 438 Cr.P.C. has been made for grant of anticipatory bail to the petitioner, in case, FIR No.125 dated 09.11.2018, registered under Section 61 of the Punjab Excise Act-1 of 1914, Police Station City-2 Abohar, District Fazilka. According to the prosecution, 83 boxes of country made and English liquor were recovered without any permit or licence from Manoj Kumar and Suraj Kumar, who named the petitioner as one of their companions, causing loss to the state exchequer. Learned counsel for the petitioner contends that petitioner was not apprehended at the spot. He has falsely been implicated in the instant case only on the basis of disclosure statements of his coaccused, which are a very weak type of evidence. No recovery has to be SONIKA 2018.12.04 12:32 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-53288 of 2018 --2-- effected from the petitioner. He is ready to join the investigation. Considering the heavy recovery of liquor from the co-accused of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner, inasmuch as, source and complicity of the petitioner in such a huge quantity of illicit liquor has to be ascertained. Dismissed.

03.12. 2018 (RAMENDRA JAIN) sonika JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No SONIKA 2018.12.04 12:32 I attest to the accuracy and authenticity of this document Chandigarh