LAWS(P&H)-2023-10-39

BALJINDER SINGH Vs. STATE OF HARYANA

Decided On October 13, 2023
BALJINDER SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Following the denial of bail by the learned trial court, the petitioner is now before this Court seeking his release as an undertrial in a case with FIR No. 222 dtd. 6/6/2023, registered under Ss. 420, 467, 468, 120-B of the Indian Penal Code and Sec. 61 of the Punjab Excise Act, 1914 at the Chandut Police Station in Palwal.

(2.) An FIR was registered against the petitioner on June 06, 2023, based on secret information received by HC Samim Khan. Accordingly, a barricade was erected near the KMP toll plaza on Aligarh Road. The petitioner was seen driving a container and was coming from the Ghaziabad side. He was signaled to stop, but he tried to flee. However, with the help of police officials, the petitioner was apprehended. Upon inspection, 1050 boxes of liquor were recovered from the container. The petitioner was carrying the same without any permit or document. After following due procedure, the liquor was seized, and the petitioner, Baljinder Singh, was taken into custody and has remained incarcerated since then.

(3.) First and foremost, the learned counsel for the petitioner states that the petitioner was hired by Rohit Rana, the owner of the truck, and it was under his instructions that the consignment was being transported in the truck by the petitioner. Being an illiterate person, he has no knowledge of the compliance with the Excise Act, and the responsibility for obtaining the permit rested with the owner of the truck. The petitioner was simply carrying out these instructions and was not aware of the material being transported in the vehicle.