S.B. CIRIMINAL MISC. ANTICIPTORY PETITION NO.3231/2007 [PEP SINGH VS. STATE] DATED : 19.07.2007 HON'BLE MR. JUSTICE H.R. PANWAR Mr.S.S.Bhati for the applicant. Mr.Ashok Upadhyaya, P.P. ***** Heard learned counsel for the petitioner as well as learned counsel for the Public Prosecutor and perused the impugned order and police investigation report. On perusal of the seizure memo it appears that at the relevant time petitioner and co-accused Pema Ram having possession of 200 ltrs spirit were in process of taking spirit for manufacturing illicit liquor and by seeing Excise Official, they fled away. From the investigating diary also it appears that previous record of the petitioner reveals that he has been indulging in similar type of the activities as certain case under Excise Act have been registered against him. In this view of the matter, in my opinion it is not a fit case in which anticipatory bail under Section 438, Cr.P.C. be granted. Therefore, the bail application filed under Section 438, Cr.P.C is dismissed. [H.R.PANWAR],J. MAMTA