Bail application under Section 439 Cr.P.C. for possession of 12 litres of handmade Mahua liquor under Section 34(2) of the C.G. Excise Act. Considering the quantity seized and period in custody, the court allowed the application and released the applicant on a personal bond of Rs.25,000 with one surety.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4000 of 2024
Versus
----Non-applicant
For Applicant – Mr. J.K. Gupta, Advocate. For Non-applicant/State – Mr. Akhilesh Kumar, Govt. Advocate.
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
07-06-2024
2 . As per the prosecution case, on 17-04-2024 the applicant was found in possession of total 12 liters of hand made Mahua liquor from Adarsh Nagar, Basna, Arekel Road, near culvert, which has been seized and he has been arrested.
3 . It is submitted on behalf of the applicant that the applicant was not in exclusive possession of the alleged liquor and it was seized from Basna, Arekel Road near culvert. The applicant is in jail since 18-04-2024 and final adjudication will take its own time. He would further submit that in the year 2018 another offence under Section 34(1) of the C.G. Excise Act was registered against the present applicant in which he has been acquitted vide judgment dated 20-04-2023 passed by the learned Judicial Magistrate First Class, Basna, District Mahasamund in Criminal Case No.569/2018. In another
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case for the offence under Section 294, 323 and 506, 34 of the IPC he has also been acquitted on the basis of compromise between the parties. Another case for offence under Section 36(C) of the C.G. Excise Act was registered against the present applicant for consuming liquor in public place in which fine has been imposed by the learned trial Court on 11-02-2023 and no other case is pending or registered against the present applicant. Therefore, he may enlarged on bail.
4 . On the other hand, learned counsel for the State/non-applicant opposes the bail application.
Sd/-
(Ravindra Kumar Agrawal) Judge
Aadil
1 issue framed by the court
Whether the applicant should be released on regular bail for offence under Section 34(2) of the C.G. Excise Act involving 12 litres of Mahua liquor.
3 provisions across 2 enactments
Munudas S/o Jhurudas
State of Chhattisgarh Through Station House Officer, P.S. Basna
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
