Anticipatory bail can only be granted in exceptional circumstances, balancing individual rights against societal interests, especially in serious offenses.

ORDER :

(HASMUKH D. SUTHAR, J.)

1. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

2. By way of present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short “ BNSS ”), the applicant-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being CR No.11207024250183 of 2025 registered with Godhra Taluka Police Station, Panchmahal for the offence under Sections 65(a) , 65(e), 81, 83 and 98(2) of the Prohibition Act and Section 336 (2), 336(3) and 340 (2) of the BNS.

3. Learned advocate for the applicant submits that the applicant has been falsely roped in the offence and nothing is recovered from the present applicant accused. The applicant has been implicated only on the basis of the statement of co-accused. Further, the applicant is not aware about the incident. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

4. Per contra, the learned APP appearing on behalf of the State has vehemently opposed the grant of bail to the present applicant. The learned APP has submitted that the accused is involved in the illegal transportation of a large consignment of I.M.F.L. A total of 38,400 bottles of illegal liquor, worth Rs. 42,24,000/-, has been seized by the police. The applicant had allegedly ordered this large consignment of I.M.F.L. into the prohibited area of the State of Gujarat and was patrolling the vehicle loaded with the illicit liquor. It is further submitted that the applicant has criminal antecedents and has been involved in a similar offence in the past. If the applicant is granted anticipatory bail, it would encourage such illegal activities, and there is a strong possibility that, if released on bail, he may tamper with the evidence. Hence, as the investigation is at a preliminary stage, it is requested that the present application be dismissed.

5. This Court has considered the rival submissions made by learned advocate for both the sides and considered the material placed on record.

6. Prima facie, going through the record, it transpires that the police had received information regarding a consignment of illegal liquor being transported from Vadodara to Godhra, and that the said vehicle was being escorted by a Creta car. Accordingly, the police laid a watch at Paravdi, Jalaram Chokdi. When the identified Creta approached the checkpoint, the driver fled with the vehicle upon seeing the police. However, the Eicher truck following the Creta was intercepted by the police, and upon searching the Eicher, a consignment of illegal liquor (muddamal) was found being transported without any valid pass or permit. The police apprehended the driver and his companion who were transporting the said vehicle and also seized the muddamal liquor.

7. It further appears that the police seized a total of 38,400 bottles of Liquor (I.M.F.L.), valued at Rs. 42,24,000, which were being illegally transported into the prohibited area of Gujarat. The investigation revealed that the contraband liquor was being transported from Goa via Maharashtra in an Eicher truck. It further emerged that the applicant had procured this consignment of illegal liquor and was guiding the Eicher truck while driving a Creta car. However, the applicant fled the scene upon noticing a police checkpoint. CCTV footage from the toll plaza, collected by the Investigating Officer, prima facie establishes that the applicant was traveling ahead of the Eicher truck and piloting the vehicle at the relevant time. The Call Detail Records (CDR) and Subscriber Detail Records (SDR) obtained by the Investigating Officer confirm that the applicant was in constant communication with the truck driver via WhatsApp during this period. The data related to these communications, also collected by the Investigating Officer, furt