Sanjay K. Agrawal, J.

1. Invoking jurisdiction of this Court under Section 439 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for grant of regular bail, the applicant has filed this application, who has been arrested in connection with Crime No. 682 of 2014 registered at Police Station Chhaoni, District, Durg (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 (in short 'the Act').

2. Case of the prosecution, in brief, is that, applicant was found in possession of 9 bulk liter of country made liquor without valid authority of law, which is offence punishable under Section 34(1)(a) of the Act.

3. Shri Rajesh Jain, learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case as such, there are reasonable grounds for believing that he is not guilty of such offence and he is ready and willing to submit undertaking that he will not commit any such offence if privilege of regular bail is granted by this Court. He would further submit that applicant has no criminal antecedent as no excise offence has previously been committed by him, and therefore, he be released on regular bail.

4. On the other hand, Smt. Anusuiya Rajput, learned counsel appearing for the State/non-applicant would oppose the prayer for grant of bail and submit that the applicant was found in possession of more than 5 bulk liters country made liquor without any authority of law and therefore unless the condition mentioned in Section 59-A(ii) of the Act are satisfied, the applicant is not entitled to be released on bail.

5. I have heard learned counsel appearing for the parties and perused the case diary with utmost circumspection.

6. Before considering the submission of the applicant, it is useful to refer Section 34(1) and (2) of the Act, which reads as follows:--

"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 conditions of a licence, permit or pass granted under this Act,--

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

(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 vintnery; or

(f) uses, keeps or has in his possession any materials, 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, vintnery or warehouse licensed, established or continued, under this Act;

(h) bottles any liquor;

shall subject to the provisions of sub-section (2), be punishable for every such offence with imprisonment for a terms [not less than [six months]] which may extend to [two years] and fine which shall not be less than [Ten thousand rupees] but which may extend to [Fifty thousand rupees]:

Provided that when any person is convicted under this section of any offence for a second or subsequent time, he shall be punishable for every such offence with imprisonment for a terms [not less than [one year]] but which may extend to [five years] and whit fine which shall not be less than [Twenty thousand rupees] but which may extend to [two lac rupees].

(2) Notwithstanding anything contained in sub-section (1), if a person is convicted for an offence covered by clause (a) or clause (b) of Sub-section (1) and the quantity of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds [five bulk liter], he shall be punishable with imprisonment for a terms which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees:

Provided that when any person is convicted under this S