JUDGMENT

Rajendra Kumar Verma, J. - This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 12/01/2022 in connection with Crime No.166/2021, registered at Police Station - Shujalpur Mandi, District - Shajapur(M.P.), for the offence punishable under section 34(2) of M.P. Excise act, 1915.

According to the prosecution case, 10,800 bulk liters of illicit liquor was seized from the possession of the applicant. accordingly case has been registered against him.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is the driver of the vehicle(Truck) bearing MP09-GG-6634, which was carrying the said liquor from Badwah-Khargone warehouse to Shujalpur Excise Warehouse. It is further submitted that the only mistake which the applicant has committed is that he couldn't manage to reach the destination on the time prescribed i.e., 10:05 PM, instead it reached at 11:15 PM so at the most it could be said that the applicant has violated the conditions of license/permit. The applicant is nothing to do with the alleged liquor, he is only the driver of the said vehicle