Crl. Misc. No.4624-M of 2008 Present: Mr.H.S.Sirohi, Advocate for the petitioner. Mr. Anter Singh Brar, DAG, Punjab *** Learned counsel for the petitioner submits that the recovery from the petitioner is more that 10 bottles of Indian make foreign liquor. The offence is under the Punjab Excise Act, 1914. The alleged offence committed by the petitioner is bailable under Section 72 of the Act. Accordingly, the present petition for pre-arrest bail of the petitioner under Section 438 Cr.P.C. is not maintainable. Learned counsel for the petitioner submits that he would move appropriate application for the grant of bail before the trial Court. The Court may be directed to dispose of the application on the same day as even recovery of the alleged liquor has already been made by the state, though from a place, which is open. Without going into the merit of the controversy, the petitioner is permitted to withdraw the present petition with liberty to move appropriate application for bail before the court below, which shall be disposed of by the court on the date of filing. Present petition is disposed of accordingly. March 3, 2008 (RAJESH BINDAL) nt JUDGE