Sukhraj @ Sukhraj Singh v. State Of Punjab









 

 













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1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in case FIR No.77 dated 31.05.2024, under Section 61 of the Punjab Excise Act, 1914, registered at P.S. Shahkot, District Jalandhar Rural.

2. Succinctly stated, initially four bottles of illicit liquor were recovered from a car, which is alleged to be belonging to the petitioner. On measuring, the quantity of the recovered illicit liquor came to be:- 9 bottles (measuring 750 ml each) and 1 bottle (measuring 570 ml).

 A sample of 180 ml was also taken out from the initially recovered four bottles of illicit liquor.

3. The learned counsel for the petitioner submits that neither any recovery was effected from the petitioner, nor the car, wherefrom recovery was effected, belongs to the petitioner. The petitioner is neither owner of the said car, nor ever possessed it.

4. Notice of motion for 28.08.2024.

5. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

6. Although the petitioner is stated to be involved in three more cases under the Excise Act, however, considering the nature of allegations in the present case and the material/evidence available with the investigating agency at this stage, this Court deems it appropriate to grant the asked for relief.

7. Therefore, 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.7
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