The High Court of Judicature at Jodhpur accepted a bail application filed by a cleaner accused under the Rajasthan Excise Act for possessing expired beer, releasing him on personal bond and sureties without expressing an opinion on merits.
Petitioner released on bail by executing personal bond in Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6422/2019
Himmat Singh S/o Devi Singh, Aged About 19 Years, B/c Rajput, R/o Bassi, P. S. Salumbar, Dist. Udaipur. (Raj.) (At Present Lodged At Dist. Jail, Banswara)
----Petitioner
Versus
State of Rajasthan, Through Pp
----Respondent
For Petitioner(s) For Respondent(s)
: Mr. Ravinder Kumar Charan. : Mr. S. K. Bhati, P. P.
JUSTICE DINESH MEHTA
(VACATION JUDGE)
Order
04/06/2019
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.33/2018-19, Police Station Excise Kushalgarh, District Banswara for the offences under Sections 16/54 & 58 (C) of Rajasthan Excise Act.
Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.
Mr. Charan, learned counsel for the petitioner submits that it is true that 399 bottles of beer, having expiry date of 2008, were found at the place, but nevertheless the same does not amount to any serious offence punishable under the Rajasthan Excise Act, while maintaining that petitioner was neither the license-holder nor the Manager, and he was simply a Cleaner on the shop. He submits that even if the allegations levelled are proved, then also,
(2 of 2)
[CRLMB-6422/2019]
at the maximum, an offence under Section 58-C of the Rajasthan Excise Act would be held to be made out.
Learned Public Prosecutor opposes the grant of bail to the petitioner by contending that huge quantity of expired beer bottles were found at the place and the petitioner was also found on the spot, taking care of the business.
Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Himmat Singh S/o Shri Devi Singh arrested in FIR No.33/2018-19, Police Station Excise Kushalgarh, District Banswara shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing, as and when called upon to do so.
(DINESH MEHTA),VJ
13-A.Arora/-
1 issue framed by the court
Whether bail should be granted to a cleaner arrested for alleged violation of the Rajasthan Excise Act regarding expired beer bottles.
2 provisions across 2 enactments
Himmat Singh
State of Rajasthan
Dinesh Mehta
As recorded by the court registry
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