JUDGMENT

Pranay Verma, J. - They are heard. Perused the case diary /challan papers.

2. This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.1016/2022, registered at Police Station Chandan Nagar, District Indore, for offence punishable under Section 34 and 49-A of the M.P. Excise Act.

3. The applicant is in custody since 15.11.2022.

4. The allegation against the applicant is that from the possession of applicant 5 bulk litres of spurious liquor has been seized.

5. Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the case. It is further submitted that no document is produced by the prosecution to establish that this was a poisonous liquor except assumption of seizing officer. Though the seized liquor is sent to FSL for chemical analysis but report is awaited. There is no evidence against him. The conclusion of trial is likely to take time. The applicant is permanent resident of District Indore and there is no possibility of his absconding. Applicant is ready to furnish adequate security. He is in custody since 15.11.2022. Investigation is com