Punjab and Haryana High Court denies pre-arrest bail to accused, says illicit liquor a serious menace

Tribune News Service

Saurabh Malik

Chandigarh, May 7

The Punjab and Haryana High Court has declared the illegal distillation and distribution of illicit liquor in Punjab a “serious problem,” especially in light of recent deaths attributed to its consumption. The Bench also made it clear that the confiscation of a “huge quantity” of illicit liquor was a substantial ground for denying anticipatory bail to the accused in such cases.

No concession

The Bench made it clear that the confiscation of a “huge quantity” of illicit liquor was a substantial ground for denying anticipatory bail to the accused in such cases.

The ruling by Justice Sandeep Moudgil of the high court came on a petition, seeking pre-arrest bail in an FIR registered on January 8 under the provisions of the Punjab Excise Act at Sarai Amanat Khan police station in Tarn Taran district.

Among other things, the accused contended that he had been falsely implicated in the case due to party factionalism in the village at the instance of persons belonging to the ruling party who were misusing their power.

The state’s stand in the matter, on the other hand, was that the case was registered on the basis of secret information before the raid was carried out and illicit liquor recovered. Appearing before Justice Moudgil’s Bench, the state counsel submitted that the accused did not deserve the concession of pre-arrest bail as he was involved in three other cases also.

One of these was under the Excise Act, indicating that the accused was “not a person of clean antecedents”. He added the petitioner’s custodial interrogation was required to unearth the trade’s dimensions and the recovery of distillation equipment and other material

Taking a note of the submissions, Justice Moudgil asserted the allegation against the petitioner was serious in nature. A huge quantity of illicit liquor had been recovered from the spot. The normal procedure prescribed for curtailing the right to life and liberty in case of criminal investigation was that the investigating officer could arrest the accused even without warrant. The court had extraordinary power to protect an innocent person. But the power was to be exercised by the courts with due circumspection.

Dismissing the plea, Justice Moudgil added: “The menace of distilling of illicit liquor is a serious problem in Punjab, especially in view of the recent deaths taking place due to its consumption. The mere fact that the petitioner was not apprehended from the spot would not vest a right in him for the grant of anticipatory bail. Confiscation of a `huge quantity’ of illicit liquor is certainly a relevant ground for denial of anticipatory bail to an accused”.

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