LAKHAN SAHU Vs. STATE OF C.G.

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 arrest in connection with Crime No. 582/2005 registered at Police station Supela, Distt. Durg (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act, 1915.

(2.) The brief facts are that 27 bulk litres of Desi Masala liquor amounting to Rs. 6,000.00 was seized from the house of co-accused Raju Pandit, s/o Surendra Pandit on 4-7-2005 at about 20.00 hours. The allegations are that the aforesaid liquor also belonged to the present applicant, who ran away from the spot at the time of seizure.

(3.) Learned Counsel for the applicant submits that the contents of the seizure memo would show that the seizure was made from the house of Raju Pandit and it has been specifically mentioned in the seizure memo that at the time of seizure, Raju Pandit ran away from the spot and there is no whisper about the presence of this applicant in the seizure memo. He further argues that the name of this applicant comes for the first time in the statement of one of the Panch witnesses namely Kishore Kumar, where it has been added vide last line as follows :