Anticipatory bail denied due to serious allegations and necessity for custodial interrogation, emphasizing public interest over individual rights.

ORDER :

(HASMUKH D. SUTHAR, J.)

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

[2.0] 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.11821025230036 of 2023 registered with Katwara Police Station, District Dahod for the offence under Sections 65(a), 65(e), 81, 83, 98(2) and 116-B of the Prohibition Act and sections 465 and 471 of the Indian Penal Code, 1860 (for short “IPC”).

[3.0] 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 is not named in the FIR and he has been implicated only on the basis of the statement of co- accused. Further, the applicant is not having any past antecedent. He further submitted that the applicant has not forged any document and/or builty and therefore, nature of allegations are such for which custodial interrogation at this stage is not necessary. 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.

[4.0] Per contra, learned APP has vehemently opposed the application on the ground that prohibited liquor in huge quantity i.e. 11508 bottles of country made foreign liquor worth Rs.47,48,760/- has been recovered and seized from the vehicle while transporting the same by hiding below bags of Calcium Carbonate and its driver Mohanlal Dhimaram Bishnoi has been arrested with the liquor. Further, the police ha seized false bill from the said truck as such the accused was holding bill of 1003 bags of calcium carbonate though carrying 65 bags. Further, the applicant is the person who had ordered the prohibited liquor and was to be delivered as per the instruction of the applicant. Further, the applicant is involved in anti-social offence and though searched by the police, applicant is not found at his house and therefore, if the applicant is granted anticipatory bail then the possibility of not stand to trial cannot be ruled out as the applicant is resident of Rajasthan. Hence, as the investigation is at preliminary stage, he has requested to dismiss the present application.

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

[6.0] Prima facie, going through the record it appears that the vehicle was driven by accused No.1 wherein 11508 bottles of country made foreign liquor in 959 boxes worth Rs.47,48,760/- were seized by the police and false bills of 1003 bags of white powder i.e. calcium carbonate below which was contraband liquor was enshrouded and false builty came to be prepared and said muddamal was transported and intruded in the State. Therefore, sections 465 and 471 of the IPC came to be invoked and thus, the applicant is also facing charges under Sections 465 and 471 of the IPC. Going through the investigation papers, prima facie, it appears that the allegation against the present applicant is that he ordered such prohibited muddamal and Gujarat is a dry State and law of prohibition does exist.

[6.1] Further, the applicant’s name is mentioned in the FIR as accused No.2 and his specific role and involvement is spells out from the FIR and in further investigation, his further role is revealed and material is collected during the custodial interrogation of accused No.1 who was arrested on the spot. Further, the offence is registered in the year 2023 but till date the applicant is out of reach and he is not found even at his house and is evading his arrest. Further, the applicant is having three different names also. He is from Rajasthan but operating network, from Amritsar he loaded contraband liquor and