KHIKHBAI NISHAD Vs. STATE OF C.G.

JUDGEMENT

(1.) This is the first bail application filed under Sec. 439 of the Cr.P.C. by the applicant for grant of regular bail in connection with Crime No. 50/2023, registered at Police Station - City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.), for commission of offence punishable under Ss. 34(1)(b), 34(2) & 36 of Chhattisgarh Excise Act, 1915 (for short "the Excise Act").

(2.) As per the prosecution story, on 21/1/2023, acting on a tip-off, the police conducted a raid and seized 279 bulk litres of illicit liquor from the house of the present applicant and thus, the police registered offence as stated above.

(3.) Learned counsel for the applicant would submit that according to Sec. 34(2) of the Excise Act, punishment provided for unlawful manufacture, transport, possession, sale, etc. would not be less than one year but which may extend to three years and fine which shall not be less than twenty five thousand rupees but which may extend to one lac rupees. She would further submit that the applicant is innocent; she has falsely been implicated in this case and there is no classification of offence in the Excise Act according to the quantity of liquor seized. Thus, she would pray for grant of regular bail to the present applicant.