DILIP KUMAR SURYAWANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this first bail application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.13/2020, registered at Police Station Farasgaon, Dist. Kondagaon (CG), for offence punishable under Section 34 (2) of the Chattisgarh Excise Act (for brevity 'the Act').

(2.) Tata 407 vehicle bearing registration No.MH-40-AK-5392 (for brevity 'the vehicle') was found transporting 720 bulk liters of Goa Whiskey when the vehicle was traveling from Raipur to Jagdalpur on 5-2-2020. Two accused persons namely; Umesh and Ritik were found driving and traveling in the vehicle. Both the accused were arrested on the spot. The present applicant has been made accused for the reason that he is the owner of the vehicle which was transporting the illicit liquor.

(3.) Learned counsel for the applicant would draw attention of the Court to document Annexure - A/4, a notarised agreement dated 20-8-2019, whereby the applicant has sold the vehicle to one Umesh, who is one of the accused in the present case and has already been arrested. Learned counsel would also submit that except for the registration papers of the vehicle there is no other material against the applicant.