HC dismisses bail plea of man accused of distilling illicit liquor at home - Hindustan Times
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HC dismisses bail plea of man accused of distilling illicit liquor at home

Hindustan Times, Chandigarh | By
Aug 03, 2020 10:19 PM IST

The police had recovered nine can-fills of illicit liquor, which is around 535 bottles. Police had also told court that he was habitual of these kind of offences

Chandigarh The Punjab and Haryana high court has dismissed the bail plea of a Tarn Taran resident, accused of distillation of illicit liquor at his home. The FIR against accused Balwinder Singh was registered on July 14 at Khalra police station of the district.

The high court dismissed the bail plea taking note of the submission he had fled away from the spot and the police are yet to recover the distillation equipment(Getty Images/iStockphoto)
The high court dismissed the bail plea taking note of the submission he had fled away from the spot and the police are yet to recover the distillation equipment(Getty Images/iStockphoto)

Police said they raided his home on a tip-off, but Singh fled away from the scene. The police had recovered nine can-fills of illicit liquor, which is around 535 bottles. Police had also told court that he was habitual of these kind of offences. The petitioner is having five more cases of the same nature against him. The last case before the present FIR was in May 2020 only, the police had told court adding that they required custodial interrogation to unearth the dimensions of the trade and also wanted to recover distillation equipment and other material. Hence, anticipatory bail not be granted to him.

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The high court dismissed the bail plea taking note of the submission he had fled away from the spot and the police are yet to recover the distillation equipment . If granted protection against arrest, free and fair investigation by the police would be hampered, the court observed also taking note of the fact that there are five more cases of similar nature against him.

He had argued that the case against him was fabricated and that nothing was recovered from his premise. He had alleged that illicit liquor was planted as no local resident was joined as a witness during the recovery.

The court observed that an accused as a citizen also has a right to life and liberty. However, this right can very well be curtailed in accordance with the procedure established by law. In case of criminal investigation, the normal procedure prescribed for curtailing the right to life and liberty, is that the investigating officer can arrest the accused even without warrant. The court has extraordinary power to protect an innocent person. However, this power has to be exercised by the courts with due circumspection, it added.

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