SUJESH KUMAR TURKAR Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with crime No. 22/2006, registered at Police Station-Manpur District Rajnandgaon (C.G.) for the offence punishable under Section 34-A of the Excise Act.

(2.) The brief facts, as stated by the learned counsel for the State, according to the case diary, are that illicit liquor in the quantity of 315 quarter bottles, amounting to 56 bulk litres, was seized from the house of one Videshi Ram Gond in village Manpur. When Videshi Ram Gond was asked to explain the possession, he stated that this liquor belonged to the applicant Suresh Kumar Turkar, who is the shopkeeper of liquor shop of village-Manpur.

(3.) Learned counsel for the applicant submits that the seizure memo is also prepared, showing seizure of the liquor from the house of Vedeshi Ram Gond, therefore, the aforesaid seizure cannot be attributed to the present applicant only on the statement made by him. The submission is that Vedeshi Ram Gond, in order to escape from the liability, is making such allegations against the applicant. He prays for releasing the applicant on anticipatory bail.