- (1.) The petitioners seek grant of regular bail in case FIR No. 325, dated 7.8.2005, registered under Section 61(1)(a) of the Punjab Excise Act, at Police Station Sadar, Hoshiarpur.
(2.) 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.
(3.) 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.;