Tukaram Bhoju Rathod v. The State Of Maharashtra

ppn 1 15.aba-1327.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1327 OF 2017 Tukaram Bhoju Rathod ..

Applicant Vs.

State of Maharashtra ..

Respondent --- Mr.Jaydeep D. Mane for the applicant.

Ms.A.A.Takalkar, Additional Public Prosecutor for the respondent. --- CORAM : T.V. NALAWADE, J.

DATE : 11th August 2017 P.C. :

.

The application is filed for the relief of anticipatory bail in C.R.No.289 of 2017 registered with P.I. Taluka Police Station, Solapure for the offences punishable under Section 328 of the Indian Penal Code and Section 65 (f) of the Bombay Prohibition Act, 1949. Both the sides are heard. Papers of investigation were made available for perusal of this Court.

2.

Papers of investigation show that there was a specific information to police that the present applicant was manufacturing illicit liquor in field and he has having all material required for manufacturing the illicit liquor. Police went to the spot with panch witness. When they reached to the spot, they noticed one person involved in the activity of manufacturing of the illicit liquor. After seeing them, he ran away from the spot. It was 6.00 p.m. when police searched the place, they found the material like pieces of battery cells, jaggary, pieces of bark of trees. They also noticed that 48 plastic barrel containing the material prepared for manufacturing of illicit liquor. Samples of that

ppn 2 15.aba-1327.17.doc material are collected and all articles were taken over on the spot for panchnama. It is the case that the applicant who was manufactured the illicit liquor was present on that day on the spot. The applicant has denied their allegations 3.

The quantity of material seized by the police show that the activity of manufacturing of illicit liquor was going on there and just like factory, the activity was started there. There is possibility that more persons are involved in this activity as it was large scale activity. Custodial interrogation is necessary. Such cases cannot be taken lightly as many persons die every day due to illicit liquor. This Court holds that it is not a fit case to grant anticipatory bail. Application is rejected. Interim relief stands vacated.

T.V. NALAWADE, J.