Bombay High CourtABA/457/2017allowed

Amol S/O. Shankar Tealang v. State Of Maharashtra Thr. Police Station Officer, Ram Nagar Police Station Chandrapur

2017-07-19Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba457.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.457/2017 Amol S/o Shankar Telang ..Vs..

State of Maharashtra, through its Police Station Officer, Ram Nagar Police Station, Chandrapur, Tq. and Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.R. Sharma, Adv. for the applicant.

Shri N.R. Patil, A.P.P. for the non-applicant / State. CORAM : Z.A.HAQ, J.

DATE : 19.7.2017.

Heard.

Apprehending arrest in connection with Crime No.593/2017 registered for the offence punishable under Section 65(a) of the Maharashtra Prohibition Act and Section 188 of the Indian Penal Code, the applicant has sought pre-arrest bail.

The accusations against the applicant are that liquor worth Rs.8,90,000/- is seized from the vehicle owned by him and the liquor was being transported to Chandrapur for sale though sale of liquor in Chandrapur district is prohibited.

The learned Advocate for the applicant has submitted that the vehicle from which stock of liquor is seized was driven by his driver and the applicant was not aware about the illegal activity of the driver. The applicant, aged about 28 years, claims to be a businessman and has stated that he is not involved

2 aba457.17 in any other crime / offence. The non-applicant has not been able to point out that custody of applicant is required for further investigation. By order passed on 28th June, 2017 this Court has granted interim protection to the applicant. The investigating agency has not complained that the applicant has misused the protection granted by this Court.

In the facts of the case, order passed by this Court on 28th June, 2017 granting protection to the applicant is confirmed. The application is allowed accordingly.

JUDGE Tambaskar.