BANTA ALIAS SANTOSH DHANKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard both the counsel. This is an application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. He is one of the accused in Crime No. 357 of 2002, registered in Durg Police Station for the offence punishable under Section 34-A of the Chattisgarh Excise Act.

(2.) The case of the prosecution is that 77 bulk litres of liquor were seized by the Police; three cartons from the house of co-accused Shabana and six cartons from a Fiat car which was parked in Meelpara Durg. The case of the prosecution is that the applicant was carrying the boxes containing liquor from the car to the house of Shabana.

(3.) Learned counsel for the applicant submitted that the place from where the applicant was arrested is not mentioned in the arrest memo and the fact that the applicant was carrying the liquor is also not mentioned in the Panchnama for seizing the liquor which is not disputed by the learned counsel for the State. It is submitted that the other accused namely Shabana who is the sister of the applicant has also been released on bail which is also not disputed by the learned counsel for the State.