RAJINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application for releasing the petitioner on bail filed under Section 438 Cr.P.C. in F.I.R. No.229/07, registered at Police Station, Palampur, District Kanra on 19.9.2007 under Section 61(1) (a) of the Punjab Excise Act, 1914 as applicable in the State of Himachal Pradesh.

(2.) THE facts, in brief, are that police party, headed by S.I. Prem Chand, was on Naka duty at place Pahara Bodhal Chowk in the intervening night on 18/19th September, 2007, at about 12.30 A.M. a truck came from Maniara side which was stopped on giving signal, two persons jumped from the truck and taking the benefit of darkness ran away. The driver of the truck No.HR-58-4225 was over-powered and the truck was checked. There was double tool box in the truck having in all 1200 bottles of country liquor Hulchul Somphia brand Whether the reporters of the local papers may be allowed to see the judgment? Yes Chandigarh and 15 boxes of Indian made foreign liquor Officer Choice brand total having 180 bottles. The driver disclosed his name Gurdev Singh. He disclosed the names of other persons sitting in the truck as Parmod and Mani Rana. The driver could not produce any papers for transportation of the liquor. The liquor and the truck were taken into possession and a case under Section 61 of the Punjab Excise Act as applicable in the State of Himachal Pradesh was registered. The driver Gurdev Singh was arrested but he has been released on bail by the Court and truck No.HR-58-4225 has also been released. The notice was issued on 5.12.2007 and on that date interim bail was granted to the petitioner. He was directed to appear before the Investigating Officer on 6.12.2007 at 10 A.M. with direction to continue to appear before him as and when called. The learned Additional Advocate General has filed the status report. Heard and perused the record. The learned Additional

(3.) CONSTRUED as expression of opinion on the merits of the case.