Crl.M.No.20500-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.20500-M of 2010 Date of Order: 27.8.2010 Lakha Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. O.P. Kamboj, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 438 Cr.P.C is for grant of anticipatory bail in case FIR No.26 dated 6.7.2010 under Section 61 of the Punjab Excise Act, 1914, P.S Lakho Ke Behram. As per allegations, 180 kgs of lahan and working still are stated to have been recovered from the house of the petitioner while he escaped on seeing the police party. Learned counsel for the petitioner submits that no independent witness was joined before conducting a raid as provided under Section 100 (4) Cr.P.C and that the petitioner has been falsely implicated in the present case due to party faction since his nephew Gurmit Singh and wife of said Gurmit Singh had contested the election of the gram panchayat due to which opposite party was having grudge against the family of the petitioner. Learned state counsel, on instructions from HC Harmit Singh, states that the custodial interrogation of the petitioner is still required as he Crl.M.No.20500-M of 2010 #2# is not cooperating. Merely because no independent witness has been joined in the investigation does not entitle him to be granted the concession of anticipatory bail as the alleged recovery was effected from the house of the petitioner. Taking into account the nature and gravity of offence and the fact that the petitioner is still required to be investigated, I find no ground to grant him anticipatory bail. Dismissed. August 27, 2010 ( JASWANT SINGH ) manoj JUDGE