Crl. Misc No. M 20404 OF 2011 ****** Pardeep Mittal and another vs State of Punjab Present : Mr. Hemant Bassi, Advocate for the petitioners. Mr. S.S.Gill, AAG Punjab. ******* The petitioners seek grant of anticipatory bail in case FIR No.159, dated 23.6.2011, registered under Section 61/78 of the Punjab Excise Act and Section 120-B of the IPC, at Police Station City Rajpura, District Patiala. On 11.7.2011, the following contention was noticed :- “ Learned counsel has argued that the petitioners were not apprehended at the spot when 710 boxes of liquor were allegedly seized and are being sought to be implicated only on the statement of Kashmir Singh but there is no objective evidence that he was either their employee or that the vehicle in question was owned by the petitioners.” Counsel for the respondent, on instructions from HC Manvinder Singh, has accepted this factual assertion. Apart from this, counsel for the petitioners has relied upon a decision of this Court reported as Kamaljit Singh v. State of Punjab and others, 2010(2) RCR 331, wherein this Court has held that in such a case Section 61/78 of the Punjab Excise Act would not apply and only Section 61-A(2) of the Act would apply which is compoundable. Counsel for the respondent is not in a position to cite any contrary judgment. Without commenting upon the merits of the controversy, I Crl.Misc. No. M 20404 of 2011 : 2 : deem it appropriate to grant the concession of anticipatory bail to the petitioners. Consequently, in the event of their arrest, the petitioners shall be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions as laid down in Section 438(2) of the Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) July 21, 2011. JUDGE `kk'