Crl. Misc.No.M-10900 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M-10900 of 2010 Date of Decision:-10.11.2010 Krishan Singh Brar. ......Petitioner. Versus State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. G.N. Malik, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. *** JASWANT SINGH, J (ORAL) Prayer is under Section 438 Cr.PC for grant of anticipatory bail to the petitioner in case FIR No.28 dated 1.4.2010 under Sections 406, 409 and 420 Indian Penal Code and Section 7 of Essential Commodities Act registered with Police Station Kot Bhai, District Mukatsar. As per the allegations in the FIR petitioner in connivance with eight other co-accused who are depot holders were selling wheat in the open market which was allotted by PUNGRAIN for distribution under the Public Distribution System Control Order 2001 scheme. Crl. Misc.No.M-10900 of 2010 # 2# Learned counsel for the petitioner submits that the only evidence against the petitioner is statement of one Baljit Singh, Member Panchayat who allegedly over heard the conversation between the petitioner and the co-accused with regard to conspiracy to sell the wheat in the open market on higher rates. He further submits that petitioner has already joined the investigation and minimum punishment under the aforesaid Act is 3 months and maximum punishment is seven years and the offence is exclusively triable by Magistrate Ist Class. Learned State counsel on instructions from ASI Jagtar Singh does not dispute the submissions made by learned counsel for the petitioner and concedes that petitioner has joined the investigation and is no longer required for custodial interrogation. In view of the above, interim protection/bail granted vide order dated 09th of April, 2010 is made absolute. Petition stands disposed of. ( JASWANT SINGH ) JUDGE 10th November,2010 Vinay