SUMAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE applicant, who has been arrested in connection with Crime No.143/2012 registered at Police Station Lalpur, District Mungeli (C.G) for the offence punishable u/s 34(a)(2) read with Section 59(a) of the Chhattisgarh Excise Act has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail.

(2.) IT is alleged by the prosecution that on receiving secret information to the effect that illicit liquor is transported in a Maruti Van from Lormi, the said vehicle was intercepted. However, the persons sitting in the Vehicle escaped taking advantage of darkness. The witnesses accompanying the police party identified the fleeing person as Suman Singh, the present applicant. The Maruti Van was found to carry 222.5 bulk litres of foreign and country made liquor of different brands/varieties.

(3.) ONCE an accused is produced before the Magistrate within 24 hours of his arrest and a remand is sought from the Magistrate on satisfaction of the Investigating Officer that the accused is involved in commission of offence, the only stage where the applicant can be released by the Police is by filing final report before the concerned Magistrate reporting that no case is made out against the accused, however, contrary to the procedure, the SHO sent a communication to the Chief Judicial Magistrate for discharging the accused. This Court, therefore, directed the concerned SHO and Superintendent of Police to explain the circumstances. The said officers appeared before the Court. However, the S.H.O. did not utter a single word to justify the communication.