2025:CGHC:18995-DB Digitally NAFR signed by ANURADHA ANURADHA TIWARI TIWARI Date:

2025.04.29 HIGH COURT OF CHHATTISGARH AT BILASPUR

10:43:29 +0530 WPCR No. 243 of 2025 Chandan Mamtani S/o Kanhiya Lal Mamtani Aged About 53 Years R/o House No. 236/07, Atharvved-3, Dikshit Nagar, Nari Road, P.S. Kapil Nagar, Nagpur, Maharashtra ... Petitioner versus State of Chhattisgarh Through- Police Station - Dongargarh, District-

Rajnandgaon, Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

Order on Board

Per Ramesh Sinha , Chief Justice

28.04 .2025

1. Heard Mr. Depenn S. Jagyasi, learned counsel (through Video Conferencing) assisted by Mr. Shikhar Bakhtiyar, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State/respondents No.1 to 4.

2. By way of this petition, the petitioner has prayed for following reliefs:-

“a) That, this Hon'ble Court may kindly be pleased issue a writ/writs, order/orders, direction/directions, and set-aside the order dated 10/04/2025 passed by Judicial Magistrate First Class, Dongargarh, District Rajnandgaon passed in Crime no. 127/2025 of P.S Dongargarh, District Rajnandgaon and further the arrest of the Petitioner followed by the consequential remand order may also be set aside and the petitioner may be released from the custody forthwith.

b) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), the Hon'ble Court may kindly be please to grant any other relief which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

3. Brief facts of the case, in a nutshell, are that, on 29.03.2025, an FIR bearing Crime No.127/2025 was registered against Raju Netam at Police Station Dongargarh, District Rajnandgaon for the offences punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise (Amendment) Act, 2002 alleging that on 29.03.2025, the Station House Officer, Dongargarh received a reliable tip-off from an informant stating that a large consignment of illegal liquor, sourced from the State of Madhya Pradesh, was being illicitly stored and repackaged at a farmhouse situated on the Kutcha road from village Karwari to Latmara and the said liquor was being filled into smaller bottles and falsely labelled with Chhattisgarh excise seals with an intention to distribute and sell them illegally. It is further alleged that acting upon this information, the Police team, along with village witnesses including the Sarpanch and Panch of Karwari, reached the farmhouse owned by Rohit Netam alias Sonu, located in an isolated agricultural area. Upon arrival, the team conducted a search of the premises, during which a large quantity of liquor was found stored inside locked rooms of the farmhouse. The locks were broken open in the presence of witnesses, and video recording of the operation was conducted. During search of the house, a total of 3888 bulk litres of liquor was recovered and additionally, a concealed basement was discovered beneath a wooden divan, where empty bottles with "CSMCL" markings, fake seals, labels, and equipment used for repackaging (including plastic funnels and iron rods) were also recovered. The total market value of the seized liquor was estimated at Rs.27,32,670/- and the sample boxes were sealed for chemical analysis and the entire operation was recorded on video. Based on the statements of witnesses, physical evidence, and recovery, an FIR was registered against Roheet Netam alias Sonu under relevant provisions for illegal possession, storage, and repackaging of liquor from another State for unlawful distribution within Chhattisgarh.

4. Learned counsel for the petitioner