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MADHYA PRADESH HIGH COURT (INDORE BENCH)
Vivek Rusia, J.
Kapil - Appellant
Versus
State Of M.P. - Respondent
Miscellaneous Criminal Case No. 36965 of 2020
Decided On : 01-10-2020
Bail - M.P. Excise Act - Applicant's Possession of Foreign Liquor - No Defence Available Under Section 59-A - Dismissal of Bail Application
Fact of the Case:
The applicant was arrested for possession of 78 bulk liters of foreign liquor and failed to provide any explanation for it. The applicant sought bail, claiming false implication, but the prosecution opposed, citing the applicant's criminal past and ongoing criminal cases.
Finding of the Court:
The court dismissed the bail application, considering the applicant's criminal past, the absence of a defense under Section 59-A of the M.P. Excise Act, and the lack of a compelling case for bail.
Issues: Bail application in light of the applicant's possession of foreign liquor and criminal past
Ratio Decidendi: The court's decision was influenced by the absence of a defense under Section 59-A of the M.P. Excise Act and the applicant's criminal history, leading to the dismissal of the bail application.
Final Decision: The bail application (M.Cr.C. No.36965/20) was dismissed.
JUDGMENT
Vivek Rusia, J. - This is a First application under Section 439 Cr.P.C. by applicants - Kapil S/o Pawan Jaiswal, who has been arrested by Police on 28.08.2020 in Crime No.341/2020, Police Station Satwas, District Dewas concerning offence under Sections 34 (2) of the M.P. Excise Act.
2. Heard the learned counsel for the parties through video conferencing and perused the case diary.
3. As per prosecution story, on 27.08.2020, 78 bulk liter foreign liquor was found in possession of the applicant. He has failed to give any explanation for it, hence, he has been made accused in this case.
4. Learned counsel for the applicant submits that he has been falsely implicated in this case. The applicant is in jail since 28.08.2020. Applicant is ready to obey the condition imposed by this Court. Hence, the applicant be released on bail.
5. Learned Panel Lawyer opposes the prayer for grant of bail by submitting that as many as 9 criminal cases have been registered against him and recently a criminal case in Crime No.21/2020 under Section 34 of IPC is also registered against him.
6. Looking to the criminal past and no defence is available under Section 59-A of the M.P. Excise Act at present no case is made out for grant of bail. Accordingly, M.Cr.C. No.36965/20 is hereby dismissed.
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