CRM-M No. 30072 of 2011 **** Patras Masih v. State of Punjab Present: Mr. Deepak Aggarwal, Advocate for the petitioner. Mr. S.S.Gill, DAG, Punjab. **** This is a petition for anticipatory bail filed in case bearing FIR No. 81 dated 9.5.2011, under Sections 61/1/14 of the Excise Act, registered at Police Station Sadar, Amritsar. On 03.10.2011 the following contention was noticed:- “Learned counsel has argued that it is a case of alleged recovery of liquor where the petitioner was not arrested from the spot. Relies upon Kamaljit Singh v. State of Punjab 2010 (2) RCR(Criminal) 331, wherein it has been held that mere possession would not be an offence at all.” Learned counsel for the petitioner at the very outset made a clarification that inadvertently on the last date it was stated that possession of liquor would not be an offence but actually what was sought to be argued was that as per the judgment cited above possession of alcohol would not be an offence requiring custodial punishment. Learned DAG, on instructions from HC Labh Singh, has accepted the above said facts. In the circumstances I deem it appropriate to grant the concession of anticipatory bail to the petitioner. In case he is arrested, he shall be released on bail by the investigating officer to his satisfaction subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) JUDGE November 21, 2011 sunita