CRM No. M-17465 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-17465 of 2010 (O&M) Date of decision: 28.6.2010 Balwant Singh @ Bant Singh @ Banta ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Hemant Bassi, Advocate, for the petitioner. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. Rajan Gupta, J (oral). This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 61 of Punjab Excise Act, 1914 (hereinafter referred to be as “the Act”) at Police Station Dera Bassi, District Mohali, vide FIR No.61 dated 3rd June, 2010. Learned counsel for the petitioner has argued that in view of amendment made in Section 61 of the Act, possession of liquor is no longer an offence. He relies upon judgment reported as Kamaljit Singh vs. State of Punjab & others, 2010 (2) RCR (Criminal) 331. Learned counsel further submits that the petitioner is in custody since 3rd June, 2010 and trial of the case is yet to commence. This apart, the offence is bailable in nature. Learned State counsel has, however, opposed the prayer for CRM No. M-17465 of 2010 2 bail on the ground that the petitioner was found in possession of heavy quantity of liquor. He, however, does not dispute the fact that offence under Section 61-A of the Act is bailable in view of Section 72 of the Act. Keeping in view the facts and circumstances of the case and the provisions of Section 72 of the Act, I am of the considered view that petitioner is entitled to be enlarged on bail. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, S.A.S. Nagar (Mohali). (RAJAN GUPTA) JUDGE 28.6.2010 'rajpal'