Shankerlal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 152 of 2016 Shankerlal, Aged about 23 years, S/o. Vishwanath, Permanent Resident of Village Jamuna, Police Station- Bhalugada, Ward No. 3, At present R/o. Sector-10, Near Shankracharya College, Bhilai, District Durg (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through:- Police Station Dongergarh, District Rajnandgaon (C.G.) ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Rakesh Thakur, Advocate For Respondent :

Mr. Ashutosh Pandey, Penal Lawyer.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25 / 01 / 2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 487/2015, registered at Police Station- Dongergarh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 34(2) of Chhattisgarh Excise Act.

2.

Case of the prosecution, in brief, is that on 19.10.2015 a secret information received that the applicant was transporting illegal liquor in a Jylo Car bearing registration No. C.G. 10 F A/3404, wherein 123.480 liters of English liquor was recovered from the car. On the basis of seizure the police registered the offence punishable under Sections 34(2) of Chhattisgarh Excise Act. 3.

Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that no recovery was made from the possession of the present applicant

and he is in jail since 19.10.2015, therefore, considering the detention period of the applicant, he may be enlarged on bail. 4.

Per contra State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the statement. Perusal of the case diary and the statement shows that from the possession of the applicant 123.480 liters of illicit liquor was seized. Taking the fact and the quantity of seized liquor from the possession of the applicant, I am not inclined to allow this bail application. 6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) Judge Santosh