Anticipatory bail application by an accused licensee in an excise case involving recovery of empty bottles, diluted country liquor below prescribed strength, and fake seals and caps. Court found complicity prima facie evident from the Excise Department report and rejected the application.
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Neutral Citation No. - 2024:AHC-LKO:60424
Court No. - 14
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 13 of 2024
Applicant :- Padma Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Desh Raj Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime No.398 of 2024 under sections 60(1), 64 Ex. Act, 319(2), 318(4), 338, 336(3), 340(2) BNS, P.S. Reusa, district Sitapur.
2. Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail.
3. Learned counsel for the applicant submits that the applicant is a lady. The co-accused has been granted regular bail who was running the shop. Therefore, he may be granted anticipatory bail.
4.Learned A.G.A. while opposing the bail submits that in the forensic report, prosecution case has been corroborated. The applicant is a licensee. The complicity of the applicant is evident.
5.A perusal of the record shows that in the first information report lodged by Excise Inspector, huge recovery of several empty bottles and diluted bottles of 301 quarters of country liquor, 20 bottles of fake QR quote, 205 bottles of fake seals with cap were found.
A perusal of the record further shows that 301 bottles of alcohol when examined on the spot by alcoholic meter, they were found 30-32% V/V which is below the prescribed volume, instead of 42.8 V/V.
A perusal of the record as well as the report of the Excise Department, prima facie shows that the complicity of the applicant is evident. From the recovery made and the examination done by the Excise Department, it cannot be said that it is a case of false implication. No case for anticipatory
bail is made out.
6.The application is rejected.
Order Date :- 3.9.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail should be granted to a licensee applicant in an excise offence involving recovery of diluted and fake-sealed country liquor.
8 provisions across 3 enactments
Padma Jaiswal
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko
Another
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
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