GANESH RAM VERMA Vs. STATE OF CG

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 2541/2013 registered at P.S. Urla, Raipur, Distt. Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. As per the prosecution story, on 15.11.2013 on receiving secret information that the applicant has collected illicit liquor, the police has conducted raid and on such raid, 376 quarter bottles i.e., 67.680 bulk litres of illicit liquor kept in 8 cartons was seized from a house, therefore, the case was registered and the charge sheet was subsequently filed.

(2.) Learned counsel for the applicant submits that the liquor was seized not from the conscious possession of this applicant and the house from where it was seized was an abandoned closed house which was not in possession of this applicant and simply saying that the said house was in possession of the applicant cannot be accepted. He further submits that the seizure memo would reflect that the applicant has produced this liquor at the police station, Therefore, the seized liquor cannot be said to be in possession of the applicant. He, therefore, prays that the applicant is entitled to be released on bail.

(3.) Learned State Counsel opposes the prayer for grant of bail and submits that in this case the liquor was seized from the possession of the applicant and therefore, he was in conscious possession and as such, he has committed crime.