1. Apprehending arrest in connection with Crime No.324/2014, registered in Police Station

Dongargarh, District Rajnandgaon, Chhattisgarh for commission of offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 (for short, “the Act, 1915”), the applicant herein has filed this application under Section 438 of Cr.P.C. for releasing him on anticipatory bail.

2. The case of the prosecution, in brief, is that the applicant and co-accused Suraj were found carrying 17.28 Bulk liters of country made liquor in the motorcycle on 01.09.2014 without authority of law which was seized from the co-accused Suraj.

3. Shri Awadh Tripathi, learned counsel appearing for the applicant would submit that no ingredients of Section 34(1)(a) of the Act, 1915, is available against the applicant in the first information report/complaint as he has falsely been implicated in the case, and therefore, bar of anticipatory bail as provided under Section 59A (i) of the Act, 1915, is not attracted and he is entitled for anticipatory bail.

4. Per contra, Shri Neeraj Jain, learned Govt. Advocate appearing for the State while opposing the bail application would submit that the present applicant and co-accused Suraj were found transporting 17.28 bulk liter of country made liquor without authority of law in newly purchased motorcycle owned by present applicant and on raid being conducted by the police party, the present applicant ran away from the spot and said liquor was seized from the possession of co-accused Suraj and investigation is at initial stage and the ingredients of Section 34(1)(a) of the Act, 1915 is available on the record, and as such, Section 59A (i), which bars entertainment of application for anticipatory bail in respect of a person accused of an offence covered by clause (a) of subsection (1) of Section 34 of the Act, 1915, is attracted as the quantity of liquor found in detention of such offence is 17.28 bulk liter i.e. exceeding 5 bulk liter, and as such, the applicant is not entitled for anticipatory bail.

5. I have heard learned counsel appearing for the parties and considered their rival submissions made therein and perused the case diary with utmost circumspection.

6. After hearing learned counsel appearing for the parties and after perusal of case diary, the following facts are apparent on the face of records:

That, on 01.09.2014, the police party seized the motorcycle and also seized 17.28 bulk liters of country made liquor from the possession of co-accused Suraj.

That, seized motorcycle is purchased by the present applicant on 24.11.2013 from Yuvraj Motors, Dongargarh, Rajnandgaon.

That, the present applicant has been named in the FIR recorded on 01.09.2014 alleging that on noticing the police party, the present applicant ran away from the spot and liquor in question was seized from the possession of co-accused Suraj.

That, seized article was found to be liquor on examination.

That, steps have been taken for confiscation of seized vehicle.

7. At this stage, it would be proper to notice certain statutory provisions, particularly, Section 34 and 59A(i) of the Act, 1915, which reads as under:

"34. Penalty for unlawful manufacture, transport, possession, sale etc.(1) Whoever, in contravention of any provisions of this Act, or of any rule, notification or order make or issued thereunder, or of any condition of a licence permit or pass granted under this Act,

(a) manufactures, transports, imports, exports, collects or possesses any intoxicant;

(b) save in the cases provided for in Section 38, sells any intoxicant; or

(c) cultivates bhang; or

(d) taps any toddy producing tree/or draws toddy therefrom; or

(e) constructs, or works any distillery, brewery or wintnery; or

(f) uses, keeps or has in his possession any material, still utensil, implement, or apparatus, whatsoever for the purpose of manufacturing any intoxicant other than toddy; or

(g) removes any intoxicant from any distillery, brewery, wintnery or warehouse licensed, estab