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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No. 388 of 2021

•

Ranjit Singh S/o Nirmala Singh Ranan, aged about 38 years

(wrongly mentioned as 27 years in the order sheet), R/o

Pandwala, SAS Nagar, Mohali (Punjab)

---- Applicant

Versus

1. State of Chhattisgarh - Through : District Magistrate,

Kawardha, District Kabirdham (C.G.)

---- Respondent

For Applicant

:

Mr. Dharmesh Shrivastava, Advocate.

For Respondent. :

Ms. Anjali Singh Chouhan, P.L.

Hon'ble Smt. Justice Rajani Dubey

Order on Board

31

/03/2021

1.

This application under Section 438 of the Code of Criminal

Procedure has been 昀椀led by the applicant who is

apprehending his arrest in connection with Crime Number

No.12/2020 registered at Police Station – Excise Circle –

Kawardha, District Kabirdham (C.G.) for the o昀昀ence

punishable under Sections 34, 34 (2), 41 and 42 of the

Chhattisgarh Excise Act.

2.

The prosecution story, in brief, is that the Excise Sub-

Inspector, after receiving secret information, arrested the

driver of vehicle while illegally selling Goa spirit smoothness

whisky. After giving requisite notice by the Excise

Department regarding permission to transport the liquor, the

driver of the vehicle produced the same, according to which,

the permit for exporting foreign liquor was issued by Madhya

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Pradesh Excise Department permitting the Great Galleon

Ventures Limited, Sejwaya, District Dhar, holder of license, to

export foreign liquor from his licensed premises at Sejwaya to

the Ware House situated at M/s North East Liquors,

Bhalukpong, District West kameng (Arunachal Pradesh). The

license was valid from 19.03.2020 to 06.04.2020. The

allegation against the present applicant is that his vehicle

was used for selling liquor illegally as also transporting the

same after expiry of the permit.

3.

Learned counsel for the applicant submits that the present

applicant has been falsely implicated in the case. The

vehicle of the applicant has been used for transporting the

liquor with valid permission of the concerned Excise

Department but due to lockdown the vehicle had to stop on

the way, and in the meanwhile, the permit of license expired.

Learned counsel for the applicant submits that co-accused

person has already been granted regular bail by this Court

vide order dated 17.11.2020 passed in MCRC Nos.3345/2020,

therefore, the present applicant may also be granted bene昀椀t

of anticipatory bail.

4.

Counsel for the State however opposes the application for

anticipatory bail.

5.

Having considered the orders passed by this Court in MCRC

Nos.3354/2020 and looking to the nature of allegation

against the applicant, this Court is inclined to release the

applicant on anticipatory bail.

6.

Accordingly, the application is allowed. It is directed that in

the event of arrest of the applicant in connection with

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aforesaid crime number, he shall be released on bail on his

furnishing a personal bond in the sum of Rs.50,000/- with one

local surety for the like sum to the satisfaction of the

concerned arresting/investigating o昀케cer or the court

concerned, as the case may be, with the following terms and

conditions:

(i)

that the applicant shall make himself available for

interrogation/medical examination before the concerned

investigating o昀케cer as and when required;

(ii)

that the applicant shall not, directly or indirectly, make any

inducement, threat or promise to any person acquainted with

the facts of the case as to dissuade him/her from disclosing

such facts to the Court or to any police o昀케cer;

(iii)

that the applicant shall not act in any manner which will be

prejudicial to fair and expeditious trial; and

(iv)

that the applicant shall appear before the trial Court on each

and every date given to him by the said Court till disposal of

the trial.

Sd/-

(Rajani Dubey)

pkd

Judge