In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 23190 of 2010 (O&M) Date of decision: 12.8.2010 Pawan Kumar and another ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. G.S.Garg, Advocate, for the petitioners. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.105 dated 8.7.2010 under Sections 420, 465, 468, 471, 472, 482, 483, 486, 487, 488, 120-B of the Indian Penal Code and Section 61 of the Excise Act, 1914, registered at Police Station Lehra, District Sangrur. The contents of the FIR (Annexure P-1) read as under:- “SHO Police Station Lehra Fateh, Today along with ASI, ASI Jarnail Singh, ASI Jaswant Singh, Bikramjit Singh HC 54, Kulwant Singh 887 HC, HC Nazar Singh 2288, HC Ramphal 2360, C-II Raja Singh 2332, C.Laxman Singh 452, SPO Kuldeep Singh on the Criminal Misc. No.M- 23190 of 2010 (O&M) -2- Government vehicle No.PB-12-G-9046 Driver HC Darshan 2362 and ASI Jarnail Singh on private vehicle were patrolling with regard to the checking of suspicious persons and were present on bus stand Chadal Khurd, then on information was given to me by an informer that there is a liquor store on the name of Ram Singh & company at village Chudal Kalan and it is being run by Ram Singh son of Banwari Lal Prajapat resident of Asandh, Haryana, Ram Niwas and Naresh Kumar sons of Fateh Singh resident of Sirsal, Haryana and Pawan Kumar @ Thela son of Babu Ram resident of Gobindpura Papra. These contractors along with their employees namely Gurcharan Singh @ Tony son of Raghubir Singh r/o Dutal, Lakhbir Singh @ Khira son of Gurdev Singh Jat r/o Bhatua, Ram Niwas s/o Ram Kumar r/o Burdi, Haryana and Shashi Pal @ Pal s/o Nar Singh Rajpur r/o Rajoud, Haryana, bring liquor from liquor vends of Chandigarh and Haryana and store the same in the building situated at Guru Nank Nagar, Chuhar Kalan and get the corks and label on the said liquor replaced at the place taken on rent by them, which is behind and adjoining the liquor vend at Chuhar Kalan, and sell the same from their licensed liquor vends, after cheating and representing the people that the liquor is from Punjab, Criminal Misc. No.M- 23190 of 2010 (O&M) -3- these people in connivance with each other evade the tax due to the Punjab Government worth lacs of rupees. Harmail Singh @ Malli son of Joginder Singh r/o Makorar Sahib is the partner with these contractors, who is also a conspirator and an accomplice in this whole act. Even now they have brought liquor from liquor vends of Chandigarh and Haryana and stored huge quantities of the same in the building at Guru Nanak Nagar, Chuhar Kalan and now they are replacing the corks and labels of Chandigarh and Haryana with the corks and labels of the liquor of Punjab through a machine from the building behind the liquor vend. If a raid is conducted now then the smuggled liquor, huge quantities of corks and labels, cork opening machine, corks and labels of Punjab can be recovered red handed, the information is true and reliable. The act of the accused in smuggling the country liquor from the liquor vends of Haryana and Chandigarh, replacing the corks and labels of the liquor with the liquor from Punjab and selling the same to the people fraudulently by representing that the liquor is from Punjab completes the commission of offence under Sections 420, 465, 468, 471, 472, 482, 483, 486, 487, 488, 120-B IPC and 61/1/14 of the Excise Act. As such a complaint is sent to be registered against Ram Singh, Harmail Criminal Misc. No.M- 23190 of 2010 (O&M) -4- Singh, Ram Niwas, Naresh Kumar, Pawan Kumar @ Thela, Gurcharan Singh, Lakhbir Singh, Ram Niwas employee and Shashi Pal etc. through Head Constable Kulwant Singh No.877 at the police station. The case be registered and case no. be made aware.” After hearing learned counsel for the petitioners, I am of the opinion that the instant petition deserves dismissal. The allegations levelled against the petitioners are serious in nature. The petitioners along with their co-accused had been allegedly bringing country made liquor from the State of Haryana and Chandigarh to the State of Punjab and after changing the labels and caps they were selling the same at higher rates in the State of Punjab. The petitioners and their co-accused have also evaded excise duty. Keeping in view the seriousness of offence alleged to have been committed by the petitioners, no ground for grant of anticipatory bail is made out. The petitioners might be required for custodial interrogation Accordingly, this petition is dismissed. (SABINA) JUDGE August 12, 2010 anita