Crl. Misc. No.M-20462 of 2011 (O&M) ****** Kesa Ram Vs. State of Punjab Present : Mr. B.P.S. Virk, Advocate for the petitioner. Mr. Rajinder Mathur, A.A.G., Punjab. AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for the grant of anticipatory bail in case FIR No.21 dated 3.4.2011 registered under Sections 61(1)/14 of the Excise Act at Police Station Balongi, District SAS Nagar. On 11.07.2011 the following contention was noticed:- “Learned counsel has argued that the petitioner was not arrested from the spot. The persons who were arrested from the spot have been released on regular bail.” Apart from that learned counsel for the petitioner has relied upon the judgment in the matter of Kamaljit Singh v. State of Punjab and others reported in 2010(2) RCR (Criminal) 331 whereby this Court has held that after the insertion of Section 61-A the mere possession of liquor is no longer an offence. On instructions from ASI Harpal Singh learned Assistant Advocate General has accepted these factual assertions and has not been able to cite any contrary judgment. He however argues that in view of the huge recovery made it would be in the interest of justice if the petitioner is directed to join the investigation. I find this to be a fair request. Crl. Misc. No.M-20462 of 2011 (O&M) -2- Let the petitioner be appeared before the Investigating Officer on 28.07.2011 between 10 A.M. to 04 P.M. and on any other date as and when his presence is required. On his appearance, the Investigating Officer shall release the petitioner on interim bail subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) July 21, 2011 JUDGE ashish