The High Court of Punjab and Haryana, while dismissing a petition seeking anticipatory bail in a case involving the distilling and trading of illicit liquor observed that spurious liquor can cause devastating trauma and huge tragedy and affect the poor people who go for a cheaper alternative of liquor and once people like petitioner start dealing at their own level, it can create havoc in the society.
Brief Facts:
The present petition was filed by a woman, accused of distilling and trading illicit liquor, under Sections 61, 14 of the Punjab Excise Act 1914 seeking the grant of anticipatory bail.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the said FIRs have been registered at the instance of Sarpanch who is inimical towards the petitioner. It was further submitted that in addition to the present one, all other FIRs had been registered because of the said Sarpanch, as such petitioner should be granted bail.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state opposed the bail on the grounds of a massive number of pending cases and the petitioner has a history for the last 21 years dealing with illicit liquor. It was further submitted that there are a massive number of incidents where innocent people have died by drinking spurious liquor and the petitioner should not be granted bail.
Observations of the court:
The court stated that a perusal of the history reveals that all such cases are under Excise Act and regarding the allegations that all these cases were registered at the instance of Panchayat Sarpanch, the court stated that it is highly improbable that the said Sarpanch is filing cases against the petitioner for last 20 years and petitioner has not even filed any complaint. The court stated that Sarpanches are elected by the people by casting votes and the petitioner had ample opportunity to lodge her complaint against the Sarpanch for false implications not only to the authorities but she could also have brought to the notice of the people, which she did not do.
Further, it was observed by the court that spurious liquor can cause devastating trauma and huge tragedy and affect the poor people who go for a cheaper alternative of liquor usually instead of ethyl alcohol such liquor contains methyl alcohol which is lethal in nature and that is why the liquor is manufactured and marketed as per food quality standards but once people like petitioner start dealing at their own level, it can create havoc in the society.
The decision of the Court:
The court concluded that the allegations and evidence collected did not warrant the grant of bail to the petitioner and dismissed the petition.
Case Title: Usha Rani vs. State of Punjab
Coram: Hon’ble Mr. Justice Anoop Chitkara
Case No.: CRM-M-27029-2024
Advocate for the Petitioner: Mr. Gaurav Vir Singh Behl
Advocate for the Respondent: Mr. Gauravdeep S. Dhaliwal
Read Judgment @LatestLaws.com
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