Manufacturing Illicit Liquor Can Create Havoc In Society, Punjab & Haryana HC Refuses Pre-Arrest Bail To Woman Convicted In 7 Spurious Liquor Cases

Observing that manufacturing spurious liquor can cause "havoc in the society", the Punjab & Haryana High Court has rejected anticipatory bail plea of a woman who was accused of distilling illicit liquor in her house and selling the same at higher price.

The Court also noted that the woman had massive criminal history wherein she was booked for trading illicit liquor. 

Justice Anoop Chitkara observed, "it is common knowledge that spurious liquor can cause devastating trauma and huge tragedy and affect the poor people who go for a cheaper alternative of liquor and usually instead of ethyl alcohol such liquor contains methyl alcohol which is lethal in nature. 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. Therefore the petitioner is not entitled to anticipatory bail."

It is worthwhile to mention that Supreme Court in 2022, pulled up the Punjab government over the inaction of the instruments of the state government in dealing with the large-scale manufacture and sale of illicit liquor.

Recently, the High Court has also issued notice on PIL filed seeking investigation into the selling of spurious liquor which allegedly caused the death of 21 people in Punjab.

In the present case, a woman had filed a pre-arrest bail plea who was accused of distilling and trading illicit liquor, under Sections 61, 14 of Punjab Excise Act 1914.  

The State counsel submitted that petitioner has massive criminal history of 21 cases, out of which, in 07 cases she has been convicted under Excise Act.

Counsel for the petitioner submitted that the above said FIRs have been registered at the instance of Sarpanch who is inimical towards the petitioner. He 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.

Counsel for the State opposed the bail on the ground of massive number of pending cases and the petitioner has history for last 21 years dealing with illicit liquor. State counsel further submitted that there are massive number of incidents where innocent people have died by drinking spurious liquor and petitioner should not be granted bail.

After hearing the submissions, the Court noted that, "regarding the allegations that all these cases were registered at the instance of Panchayat Sarpanch 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."

Needless to say that Sarpanches are elected by the people by casting votes and 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, the Court observed.

Consequently, the judge opined that, "in the background of the allegations and massive criminal history mentioned above coupled with the facts and circumstances peculiar to this case, the petitioner fails to make a case for anticipatory bail."

The plea was accordingly dismissed.

Mr. Gaurav Vir Singh Behl, Advocate for the petitioner.

Mr. Gauravdeep S. Dhaliwal, AAG, Punjab.

Usha Rani v. State of Punjab

2024 LiveLaw (PH) 200

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