The court emphasized the importance of appearing before the trial court and moving an application for bail, which would be considered on the same day due to the bailable nature of the offence.

Sudhanshu Dhulia, J.

1. In this case, a First Information Report has been lodged by respondent No. 2 – Shyam Lal Vishwakarma, who is Sub-Inspector at Police Station Kashipur, District Udham Singh Nagar, under Section 60(2) of the Excise Act at Police Station Kashipur, District Udham Singh Nagar against the present applicants. Subsequently, the police after investigations has filed its charge sheet on 02.07.2015, before the court concerned and a case was registered being Criminal Case No. 3270 of 2015, which is pending in the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, under the aforesaid section against the applicants. Consequently, the learned Magistrate has taken cognizance in the matter and summons have been issued against the applicants. Hence, the applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. by filing the present application.

2. Heard Mr. Girish Chandra Lakhchaura, learned counsel for the applicants, Mr. Hari Om Bhakuni, learned A.G.A. with Ms. Sangeeta Bhardwaj, learned Brief Holder for the State of Uttarakhand, and perused the records.

3. Learned counsel for the applicants submits that the court below has not considered the evidence, produced before it properly and took cognizance in the matter against the present applicant. Learned counsel for the applicants has relied upon the provision of Section 60(1) of the Uttarakhand/U.P. (Amendment) Excise Act, which clearly stipulates an imprisonment less than six months, which may extend upto three years and with fine of rupees five thousand, which may extend upto ten thousand. Section 60(2) of the Uttarakhand/U.P. (Amendment) Excise Act reads as under:-

“60 Penalty for unlawful import, export, transport, manufacture, possession, sale, etc.

(1) Whoever, in contravention of this Act or of any rule or order made thereunder, or of any licence, permit or pass obtained thereunder –

(a) Import, export, transport or possesses any intoxicant other then charas; or

(b) cultivates any hemp plant (Cannabis sativa); or

(c) collects or sells any portion of the hemp plant (Cannabis sativa) from which any intoxicating drug can be manufactured; or

(d) constructs or works any distillery, brewery or vintnery; or

(e) uses, keeps or has possession any material, still utensil implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant other that tari; or

(f) removes any intoxicant from any distillery, brewery, vintnery or warehouse licensed, established or continued under this Act; or

(g) bottles any liquor for the purposes of sale; or

(h) sells any intoxicant, save in the case provided for by section 61; or

(i) taps or intoxicant, save in the tari producing tree in the areas notified under Section 42;

shall be punished with imprisonment which may extend to two years and with fine which shall, in the case of an offence under clause (i) not be less than ten times the amount of duty which would have been leviable if such intoxicant had been dealt with in accordance with this Act and the rules and orders made thereunder or in accordance with any licence, permit or pass obtained thereunder, and in any other case, not be less than ten times the amount of such duty, or five thousand rupees, whichever is greater.

(2) ………….

(3) ……….. ”

4. Considering the above provision of law as well as documents available on record, this Court is not inclined to interfere in the matter as far as the proceedings are concerned. The proceedings shall go on before the court below, in accordance with law. The applicants shall appear before the court concerned to face the trial. However, it is made clear, in case, the applicants appear before the trial court and move application for their bail before the learned Magistrate concerned, the same shall be considered as far as possible on the same day itself considering the above provision in mind as well as the fact that the offence is bailable.

5. Accordingly, the application under