DHRUVA KUMAR Vs. OFFICE OF THE JOINT COMMISSIONER

JUDGEMENT

(1.) THIS is the petition filed by the petitioner - accused No.3 under Section 438 of the CR.P.C seeking anticipatory bail and to direct the respondent - police to release the petitioner on bail in the event of arrest of the petitioners for the offences punishable under Section 32, 38A, 43A of Karnataka Excise Act 1965.

(2.) THE brief facts of the prosecution case is that on 28.01.2014 at about 2.05 p.m. as per the order Joint Commissioner of Excise S E I B at Bangalore at M.G. Road trinity Circle, Old Madras Road in front of MG Mahal as person was carrying Foreign Liquor of 15 liters in Yamaha bearing R -15 KA -02 -HV -2291 and one more vehicle KA -05 -K -6381 Bajaj Discover 150 disk brake 1000 ml 6 bottle and 6 liters Foreign liquors is carrying to sell illegally.

(3.) LEARNED counsel appearing for the petitioner during the course of his arguments submitted that the present petitioner is totally unconnected with the alleged offence. The present petitioner was not at all carrying any such Foreign Liquor, nor such Foreign Liquor was seized from the possession of the present petitioner by the respondent police. He made submission that only on the basis of the Voluntary statement of accused Nos.1 the respondent police have involved the present petitioner in the present case. He made submission that the statement made by the accused No.1 is not binding on the present petitioner. It is also his contention that the offence alleged are not exclusively punishable with death or imprisonment of life, and they are triable by the Court of Magistrate and the petitioner is ready to abide to any conditions imposed by the Court. Hence the petition may be allowed and the petitioner may be granted with bail.