Lekhram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 7383 of 2015 • Lekhram S/o Ghuri Ram Aged About 27 Years R/o Hanoda, P.S. Utai District Durg, Civil & Rev. Distt. Durg, Chhattisgarh. --- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate District Durg, Chhattisgarh. ---- Respondent 05.01.2016 Mr. Avinash Chand Sahu, counsel for the applicant.

Mr. Anil S. Pandey, Govt. Advocate, for the State. This is an applciation filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant in connection with Crime No. 17/2015 registered at P.S. Khairagarh, Distt. Rajnandgaon, C.G., for the offence punishable u/s 34(2) of the Chhattisgarh Excise Act. As per the prosecution, on 21.01.2015 while the applicant was transporting illicit liquor in a Maruti Car bearing Regn.No.C.G.07/M/0240, 120 bulk litres of country made liquor was recovered from his possession.

Learned Counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure was actually made from the possession of this applicant and the offending Car do not belonged to the applicant, therefore, he may be enlarged on bail.

Per contra, learned State Counsel opposes the bail application.

Perused the case diary and documents. After perusal of the case diary, it appears that 126 bulk litres of illicit liquor was seized from the possession of this applicant.

Looking to the quantity of liquor, I am not inclined to release the applicant on bail. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE Rao