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Judgment
Rajive Bhalla, J.—The petitioners seek grant of regular bail in case FIR No. 325, dated 7.8.2005, registered u/s 61(1)(a) of the Punjab
Excise Act, at Police Station Sadar, Hoshiarpur.
Counsel for the petitioners contends that though the allegations in the FIR are that the petitioners were smuggling 150 cases of liquor, they were
not arrested at the spot. The petitioners have been allegedly identified by a police official present at the spot, who is alleged to have stated that the
petitioners ran away. It is contended that the identification is legally flawed and cannot be relied upon. It is further contended that as investigation is
complete and the challan has been presented, the petitioners be released on bail.
Counsel for the respondent, on the other hand, contends that apart from the present case, there are number of cases, registered against the
petitioners, under the Excise Act and as they are habitual smugglers of liquor, the present petition be dismissed.
I have heard learned counsel for the parties and perused the record.
The petitioners have been behind bars since 25.8.2006. The investigation has concluded with the filing of the final report, u/s 173 of the Cr.P.C.
Neither any recoveries are to be effected nor any further incarceration of the petitioners is unwarranted. Counsel for the respondent has not
expressed any apprehension that if released on bail, the petitioners would tamper with the prosecution evidence or in any manner subvert the
process of trial. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur.
Nothing, stated herein, shall be construed to be an expression of opinion, on the merits of the controversy.