MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGAL Singh and Harinder Singh, petitioners-accused seek pre-arrest bail in case bearing FIR No. 95 dated 21.7.2002 registered under Section 61 of Punjab Excise Act, 1914 (hereinafter referred to as 'the Act') with Police Station, Raja Sansi, District Amritsar.

(2.) PROSECUTION allegations are that on 21.7.2002, Nirlep Singh, S.H.O., Police Station, Raja Sansi along with other police officials was present on T-Point in the area of Village Kaler when he received a secret information to the effect that Jagir Singh alias Kala, Mangal Singh and Karnail SIngh were engaged in importing huge quantity of liquor from Chandigarh and other States to Amritsar and if raid is conducted at Village Kaler, the recovery could be made. Finding this information credible, intimation was sent to the Police Station for registration of the case. Thereafter, Nakabandi was held. A tractor trolley was noticed coming from the side of Ram Tirath Kaler. Four persons were sitting in the tractor trolley. Tractor trolley was got halted by the Investigating Officer. Three occupants sitting in the tractor trolley jumped out of it and ran away. Fourth occupant, Jagir Singh alias Kala, was apprehended at the spot. Thereafter search of the tractor trolley was conducted which led to the recovery of 143 cards boxes containing Indian Made Foreign Liquor, Officers Choice, 45 card boxes of Commando XXX Rum for sale in Punjab and 22 card boxes of Commando XXX Rum for sale in Chandigarh. Each card box had 12 bottles of liquor. Harinder Singh was sought to be linked with the crime because he and Mangal Singh had been running the business as agents and were engaged in the illegal trade of transportation and sale of liquor as disclosed by Jagir Singh alias Kala, co-accused who was working as a labourer with Mangal Singh. During the investigation of the case, the petitioners sought pre-arrest bail which was rejected by the Additional Sessions Judge, Amritsar on 5.8.2002.

(3.) STATE counsel at the outset stated that so far Harinder Singh, accused is concerned, the prosecution has not been able to collect any evidence against him to show his involvement with commission of the crime. Regarding Mangal Singh, it has been submitted by him that merely because he escaped from the spot does not entitle him to claim concession of bail as his conscious possession along with other accused, who were present in the tractor, over the recovered liquor is substantiated on record.