GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in FIR No. 155 dated 16.07.2020 on the file of Police Station Kotwalia Patiala, District Patiala, registered under Sections 61 and 78(2) of the Punjab Excise Act, 1914. Be it noted that Sections 1 and 14 of this Act are also mentioned in the FIR, but they obviously have reference to the fact that this Act is Act No.l of 1914. In any event, no offence can be alleged under Sections 1 and 14 of the Act.

(2.) The case of the prosecution is that a vehicle with four persons was chased but they absconded after dashing the vehicle against a divider. Thereupon, 72 bottles of liquor were seized from the vehicle. The petitioner was implicated in the case by the owner of the vehicle, who stated that the petitioner had borrowed it from him. Except for this disclosure by the actual owner of the vehicle, there seems to be no other incriminating material against the petitioner. It is his claim that no other case has ever been registered against him. That being so, it would suffice if the petitioner joins investigation and cooperates with the police at this stage.

(3.) The petition is accordingly allowed. The petitioner is directed to forthwith join investigation in FIR No. 155 dated 16.07.2020 on the file of Police Station Kotwalia Patiala, District Patiala. In the event of his arrest in connection with the said case, he shall be released on bail upon furnishing a personal bond for a sum of Rs. 20,000/- along with two sureties for a like sum each to the satisfaction of the Arresting/Investigating Officer. He shall also abide by the conditions stipulated in Section 438(2) Cr.P.C.