IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 770 of 2009 Date of decision: September 8, 2009. Ravinder Singh …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : M/s Sanjay Gupta & Sanjay Jaswal, Advocates. For the Respondent : Mr. A.K.Bansal, Addl. Advocate General. Kuldip Singh, Judge (Oral). This is an application, under Section 438 Cr.P.C. for grant of bail to petitioner in FIR No. 95/09 dated 10.7.2009 registered at Police Station, Gagret ,under Section 61 of Punjab Excise Act as applicable to the State of Himachal Pradesh and Section 120-B IPC. The status report has been filed. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that vehicle No. PB-07R-0319, which was allegedly found carrying liquor was earlier owned by the petitioner, but he sold the said vehicle to Arun Kumar on 16.12.2006 and even a writing to this effect was executed. The petitioner had no concern with vehicle No. PB-07R-0319. On 9.7.2009 when the said vehicle was allegedly checked, some cases of liquor were found in the said Whether the reporters of the local papers may be allowed to see the Judgment? …2… vehicle. The petitioner was not on the spot. The petitioner has been falsely implicated in the case. One Surinder Kumar was arrested on 15.7.2009 and he has been released on bail by Judicial Magistrate Ist Class on 17.7.2009. On behalf of the petitioner submission has been made for releasing the petitioner on bail. 3. The bail application has been opposed by the learned Additional Advocate General on the basis of status report wherein it has been stated that on 9.7.2009 vehicle No.PB-07R-6075 and vehicle No. PB-07R-0319 were intercepted and checked at place Nangal Jariyalan Pipli- Da- Ghatta located on Nangal Jariyalan Hoshiarpur road at about 11 p.m. On search of vehicle No. PB-07R- 6075, 32 cases of Hi speed whisky, 33 cases of Jolt XXX-rum and 10 cases of Rano country liquor, in all 75 cases were recovered. Similarly, from vehicle No. PB-07R-0319, 56 cases of Jolt XXX-rum and 49 cases of Rano country liquor, in all 105 cases of liquor were recovered. 4. Naresh Kumar driver could not produce any documents authorizing him to carry liquor. The liquor was taken into possession, sampling and sealing was done on the spot. Naresh Kumar driver of vehicle No. PB-07R-0319 was found carrying illicit liquor in vehicle No. PB-07R-0319. Naresh Kumar was arrested and he has been released on bail by learned Judicial Magistrate (II),Amb on 13.7.2009. Surinder Singh accused was arrested on 15.7.2009 and he has also been released on bail on 17.7.2009 by Judicial Magistrate Ist Class (II), Amb. It has come during investigation that after the registration of case, Ravinder Singh had executed special power of attorney on …3… 10.7.2009 in favour of Jarnail Singh and Jarnail Singh on 14.7.2009 produced the documents of the vehicle. It has come in investigation that about 18 cases under the Excise Act have been registered against the petitioner at Police Stations, Sadar City Hoshiarpur and Model Town Hoshiarpur. Ravinder Singh has been declared as bad character by Police Station, Model Town Hoshiarpur. Ravinder Singh is in the habit of dealing in illicit liquor. He filed anticipatory bail application which was rejected by the learned Sessions Judge, Una on 15.7.2009. The learned Additional Advocate General has prayed for rejection of the bail application. 5. I have considered the rival contentions of the learned counsel for the parties. The petitioner has filed copy of agreement dated 16.12.2006 Annexure P-3 alongwith its English translation. As per English translation of Annexure P-3, the document is in the shape of an affidavit and Punjabi version of Annexure P-3 is notarized by one Santosh Sabarwal, Notary Public on 16.12.2006. Annexure P-3 is allegedly sworn by one Arun Kumar s/o Brij Nath and it is also singed by Arun Kumar executor and witnessed by Sanjeev Kumar and Arun Kumar son of Bishan Kumar. 6. According to petitioner, he was owner of vehicle No. PB-07R-0319, but he had sold the vehicle to Arun Kumar on 16.12.2006. Annexure P-3 is a self serving declaration of purchase of vehicle No. PB-07R-0319 by Arun Kumar son of Brij Nath. The learned counsel for petitioner has not shown any document of petitioner showing sale of vehicle No. PB-07R-0319 to Arun Kumar son of Brij Nath. This being the position, the petitioner was owner of …4… vehicle No. PB-07R-0319 on 9.7.2009 from which huge quantity of liquor was recovered. It is the case of investigating agency that as many as 18 cases under Excise Act have been registered against the petitioner at Hoshiarpur and he is also recorded as bad character in Police Station, Model Town Hoshiapur. 7. In light of above discussion and keeping in view the fact that huge quantity of liquor was recovered from vehicle No. PB-07R- 0319, the petitioner is not entitled to pre-arrest bail under Section 438 Cr.P.C. Accordingly, the bail application is dismissed. 8. The observations made in the order shall not be construed as expression of opinion on the merits of the case. September 8, 2009. ( Kuldip Singh ), (Hem) Judge.