ORDER :

1. This is the first bail application filed under Section 439 of the Cr.P.C. by the applicant for grant of regular bail in connection with Crime No. 50/2023, registered at Police Station – City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.), for commission of offence punishable under Sections 34(1)(b), 34(2) & 36 of Chhattisgarh Excise Act, 1915 (for short “the Excise Act”).

2. As per the prosecution story, on 21.01.2023, acting on a tip-off, the police conducted a raid and seized 279 bulk litres of illicit liquor from the house of the present applicant and thus, the police registered offence as stated above.

3. Learned counsel for the applicant would submit that according to Section 34(2) of the Excise Act, punishment provided for unlawful manufacture, transport, possession, sale, etc. would not be less than one year but which may extend to three years and fine which shall not be less than twenty five thousand rupees but which may extend to one lac rupees. She would further submit that the applicant is innocent; she has falsely been implicated in this case and there is no classification of offence in the Excise Act according to the quantity of liquor seized. Thus, she would pray for grant of regular bail to the present applicant.

4. On the other hand, learned counsel for the State would oppose the bail application and submit that huge quantity of 279 bulk litres of liquor has been seized from exclusive possession of the present applicant and therefore, the present applicant is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Section 34 of the Excise Act reads thus:-

“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 license, permit or pass granted under this Act, -

(a) manufactures, transports, imports, exports, collects or possesses any intoxicant; 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 term [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 term [not less than [one year]] but which may extend to [five years] and with 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 litre], he shall be punishable with imprisonment for a term 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 Section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than two years but which