2025:CGHC:11421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1889 of 2025 Shiv Prasad Yadav S/o Balam Yadav Aged About 27 Years R/o Chirmiri, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Kota, District Bilaspur, Chhattisgarh.

... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate.

For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

07.03.2025

1. The applicant has preferred this First Bail Application under Section ABHISHEK

483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular SHRIVAS Digitally signed by bail, as he has been arrested in connection with Crime No. 98/2025, ABHISHEK SHRIVAS Date: 2025.03.10

10:55:22 +0530 registered at Police Station - Kota, District-Bilaspur (C.G.) for the offence punishable under Sections

34(1)(क), 34(2) and

59(क ) of the Chhattisgarh Excise Act.

2. The prosecution's story, in brief, is that based on secret information received from an informant, the police searched an Artiga vehicle bearing the number CG-16CT-0649, which belonged to the applicant. The search resulted in the seizure of 16 boxes of English Goa Whisky liquor. Upon opening the boxes, each was found to contain 50 bottles, with each bottle having a capacity of 180ml and a cost of Rs. 135/-. In total, 800 bottles were seized, amounting to 144 liters. The seizure occurred on the Kota Bilaspur main road, following which the police arrested the applicant for the alleged offenses.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for the offence under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has no criminal antecedents and he is in jail since 05.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.

4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has not been filed before the competent Court however, the quantity of liquor seized from the possession of the applicant i.e. 144 bulk liters of Goa english liqour which is huge quantity. Hence, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has not been filed before the competent Court however, a huge quantity of liquor, i.e. 144 bulk liters of Goa english liquor have seized from the possession of the applicant without any valid licence and no plausible explanation has been offered in this regard, furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail.

7. Accordingly, the bail application of the applicant namely, Shiv Prasad Yadav, involved in Crime No. 98/2025, registered at Police Station - Kota, District-Bilaspur (C.G.) for the offence punishable क क under Sections 34(1)( ), 34(2) and 59( ) of the Chhattisgarh Excise Act, is rejected

8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.

9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

Sd/-

(Ramesh Sinha)

Chief Justice Abhishek