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NANDITA DUBEY
Vikash Singh Rajpoot – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Nandita Dubey, J. - This is the first application filed under Section 438 of the Code of Criminal Procedure filed on behalf of the applicant for grant of anticipatory bail.
2. T h e applicant is apprehending his arrest in connection with Crime No.515/2022 registered at Police Station Chhapara, District Seoni, for the offence punishable under Section 34(2) of the M.P. Excise Act.
3. As per the prosecution, on the basis of information one motorcycle was intercepted wherein 59.760 bulk liters of liquor has been seized from the pillion rider. It is stated that the driver ran away from the spot and the present applicant has been made accused on the basis of memorandum of pillion rider, who stated that the said liquor was purchased from the present applicant, who is the manger of liquor shop namely "Mugwani Sharab Ki Dukan".
4. Learned counsel for the applicant submits that the applicant has been falsely implicated on the basis of memorandum only. Nothing has been seized from his possession. He is only an employee of particular liquor shop and has not committed any offence nor he was present on the spot. Learned counsel for the applicant undertakes to assist and cooperate in the inv
The court established that anticipatory bail cannot be granted under section 59-A of the M.P. Excise Act when a prima facie case is made out against the accused.
Anticipatory bail is not maintainable for offences under the State Excise Act involving the recovery of illicit liquor exceeding fifty bulk litres, as the relevant statutory provision creates an expl....
The main legal point established in the judgment is the grant of anticipatory bail in connection with possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
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