David Soni v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 3239 of 2016 • David Soni S/o Sukhdas Soni Aged About 24 Years R/o Yadunandan Nagar, Tifra, P.S. Sirgitti, Distt. Bilaspur Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh through the Police Station Excise Circle West, District Bilaspur Chhattisgarh.

--- Respondent 04.07.2016 Mr. Ritesh Verma, counsel for the applicant.

No Mr. Lav Mishra, Panel Lawyer, for the State.

This is the first bail application filed u/s 439 of the Code of Criminal Procedure in connection with Crime No.18/2016 registered at Excise Circle West Bilaspur for the offences punishable u/ss 34(1)(a), 34(2), 59(A) of the CG Excise Act, 1915.

As per the prosecution case, when a raid was conducted by the excise police, 270 bulk litres of illicit liquor has been seized from the applicant.

Learned counsel for the applicant submits that the applicant is only driver of the vehicle and he has not committed any crime, therefore, he has been falsely implicated in this case.

Learned State Counsel opposes the bail.

Looking to the quantity of liquor i.e., 270 bulk litres allegedly recovered from the applicant, I am not inclined to release him, at this stage. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE Rao