PANKAJ SAMUNDRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.324/2014, registered in Police Station Dongargarh, District Rajnandgaon, Chhattisgarh for commission of offence punishable under Section 34(2) of the Chhattisgarh Excise Act,1915 (for short, "the Act, 1915"), the applicant herein has filed this application under Section 438 of Cr.P.C. for releasing him on anticipatory bail.

(2.) The case of the prosecution, in brief, is that the applicant and coaccused Suraj were found carrying 17.28 Bulk liters of country made liquor in the motorcycle on 01.09.2014 without authority of law which was seized from the coaccused Suraj.

(3.) Shri Awadh Tripathi, learned counsel appearing for the applicant would submit that no ingredients of Section 34(1)(a) of the Act, 1915, is available against the applicant in the first information report/complaint as he has falsely been implicated in the case, and therefore, bar of anticipatory bail as provided under Section 59A (i) of the Act, 1915, is not attracted and he is entitled for anticipatory bail.