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Bombay High CourtABA/97/2018rejected

Babu Jageshwar Kewat v. State Of Maharashtra Thr. Police Station Officer Durgapur Chandrapur

2018-02-20Hon'Ble Shri Justice V.M. Deshpande2 pages

aba97.18 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.97/2018 Babu Jageshwar Kewat ..vs..

State of Mah., thr. PSO Durgapur, Chandrapur, Tahsil and District Chandrapur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri A.A. Dhawas, Counsel for the applicant.

Shri A.D. Sonak, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : FEBRUARY 20, 2018.

1.

Heard learned counsel Shri A.A. Dhawas for the applicant and learned Additional Public Prosecutor Shri A.D. Sonak for the State.

2.

This is an application for anticipatory bail since the applicant is apprehending his arrest in connection with Crime No.473/2017 registered with Police Station Durgapur, District Chandrapur for the offences punishable under Sections 65(e) and 83 of the Maharashtra Prohibition Act and Section 188 of the Indian Penal Code.

3.

The reply filed on behalf of the prosecution shows that a secret information was received that the applicant is brining liquor in the prohibited area of Chandrapur district by a car. Therefore, at Bhatali/Kitali T-Point, a Santro Car bearing registration No.MH- .....2/-

aba97.18 4 34/K/6959 was stopped. At that time, driver and another person travelling in the said car ran away from the car. After a search of the said car, 500 bottles of country liquor worth Rs.50,000/- were found in the deekay. Also, an Invoice Bill issued by Janardhan Medical at Chandrapur in the name of the applicant was also found in the said car and the same is already seized.

4.

The reply filed on behalf of the State shows that the investigating officer has obtained information from the Regional Transport Office (RTO) at Chandrapur in respect of said Santro Car and it shows that the applicant is the owner of the said car. Further, the applicant is having criminal antecedents. 6 cases including the present case in which the applicant is seeking anticipatory bail are registered against him for the offences punishable under Section 65(e) and 83 of the Maharashtra Prohibition Act read with Section 188 of the Indian Penal Code.

5.

Thus, it is clear that the applicant is having tendency to flout out law and he has no respect to the rules of law. Therefore, the applicant is not entitled for any discretionary relief. The criminal application is rejected and disposed of. JUDGE !! BRW !!

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