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1999 Supreme(MP) 923

MAITHLI SHARAN
Shakur Khan – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Brijesh Sharma, Pradeep Katare and Y.K. Pathak, Advs.
For Respondents/Defendant: P.S. Chouhan, Panel Lawyer

ORDER

Maithli Sharan, J.

1. In Misc. Criminal Case No. 3003/99 applicant by Shri Brijesh Sharma, Advocate, in 3072/99 applicant by Shri Pradeep Katare, Advocate and in 2986/99 applicant by Shri Y.K. Pathak Advocate.

2. State by Shri P.S. Chouhan, Panel Lawyer.

3. These miscellaneous criminal cases are being disposed of by this common order as the point involved is the same in all these three cases.

4. The accused applicant has been arrested for the offences registered under Sections 34 and 49-A of the M.P. Excise Act, 1915 (hereinafter referred to as the 'Act') for keeping in his possession liquor, denatured spirit meant for human consumption. After completing investigation in the case, charge-sheet has been filed in the Court of the concerned Magistrate.

5. I heard learned counsel for the petitioner and the learned Panel Lawyer for the State who has vehemently opposed this application, mainly on the basis of the provisions engrafted under Section 49-B of the Act. For the sake of convenience it would be proper to reproduce the above provisions here under :

"49-B. Bail not to be allowed for offences under this Chapter :--Notwithstanding anything contained in the Code of Criminal Procedure,










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