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PREM NARAYAN SINGH
Sandeep Rai – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Prem Narayan Singh, J.
This is the first bail application filed on behalf of the applicant under section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The applicant is apprehending his arrest in relation to Crime No. 820/2023, registered at Police Station- Industrial Area Dewas, District Dewas for the offence under section 34(2) of M.P. Excise Act, 1915.
2. As per prosecution story, a truck bearing registration No. MP 09 GG 149 intercepted, from which 5759 quarters (2169 bulk liters) of foreign liquor was seized from possession of the applicant.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further contended that the applicant has been made accused in the present case only on the basis of Statements co-accused recorded under section 27 of the Evidence Act, there is no sufficient evidence against the applicant to connect him with the offence. 5759 quarters (2169 bulk liters) of foreign liquor was recovered from the truck and two accused persons Kanu and Sunil were arrested and in the statement recorded under section 27 of Evidence Act, they deposed that the present applicant
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 that custodial interrogation may be necessary in cases involving the seizure of liquor under the M.P. Excise Act, 1915, and running away from the s....
Anticipatory bail may be granted despite statutory restrictions if allegations do not constitute an offense.
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