HIMMAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner seeks regular bail in a case registered against him on 25.4.2007 for the offences under Sections 420, 467, 468, 471, 457 and 120-B IPC.

(3.) The FIR (Annexure P1) has been registered on the basis of an application made by Amarjit Singh, Deputy Commissioner, Central Excise Division-III, Ludhiana. It is alleged that M/s Swastika Knitting & Spinning Mills, Ludhiana was in arrears of Central Excise Duty to the tune of Rs. 28,40,122/-. The property of the said M/s Swastika Knitting & Spinning Mills, Ludhiana measuring 8 kanals on the G.T. Road, Jalandhar Bye-pass, Ludhiana which was owned by its partners Sh. Jagir Raj Sahnan and Kailash Chander Saggar was attached by the Department of Central Excise Division-III, Ludhiana through the revenue authorities. Locks and seals were put on the premises by the department to recover its dues. Despite the attachment of the property, somebody had trespassed into the property which was in peaceful possession of the department of Central Excise Division-III, Ludhiana. The locks put by the department had been broken/removed and signboard had also changed. After thorough investigation, the officials came to know that one Paramjit Singh Walia who was Managing Partner of M/s Walia Bus Services and his accomplices had encroached upon the property illegally by breaking the locks put by the department with an intention to cause harm to the department. They were requested to vacate the premises, however, they refused to accede to the request. The above persons had trespassed into the property that was attached.