IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-20704 of 2009 Date of decision : August 18, 2009 Taj Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. HS Batth, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Taj Singh has filed the instant petition for anticipatory bail in case FIR No. 319 dated 31.12.2008, under section 61 of Punjab Excise Act, Police Station Lopoke, District Amritsar. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, on the basis of secret information raid was conducted and the petitioner was found distilling illicit liquor by way of working still. The police seized 180 kgs of lahan and 10 bottles of distilled illicit liquor from the spot but the petitioner succeeded in running away. Learned counsel for the petitioner vehemently contended that the petitioner was not apprehended on the spot. However, this is no Criminal Misc. No. M-20704 of 2009 -3- argument for seeking anticipatory bail because if the petitioner had been apprehended on the spot, the question of filing anticipatory bail would not have arisen. Learned counsel for the petitioner further contended that the house where the working still was being run does not belong to the petitioner. Learned State counsel countered this contention by submitting that the house belongs to the petitioner's father and none else. Learned State counsel also contends that the petitioner was identified by police official in the raiding party while the petitioner was running away. It is also contended that proceedings for declaring the petitioner as proclaimed offender have already been initiated and the petitioner is also involved in another similar case of working still vide FIR No. 186 dated 7.6.2007 of the same Police Station. In view of the aforesaid, no case for grant of anticipatory bail is made out. The petition is accordingly dismissed but without meaning to express any opinion on the merits. ( L.N. Mittal ) August 18, 2009 Judge 'dalbir'