GYANCHAND JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.419/2014 registered at Police Station - Khairagad, District Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, the applicant has preferred this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

(2.) As per the prosecution story, in brief, on 27.09.2014 acting upon a secret information, when the shop of the applicant was raided, the Police personnel have seized 25.920 bulk liters of Goa whiskey which was kept for sale at back room of Kirana shop which belonged to the applicant. Subsequently, a case was registered against the applicant for the offence u/s 34 (2) of the Excise Act.

(3.) Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case for the reason that the applicant is a Correspondence & Reporter of the daily newspaper of Haribhoomi & Nai Duniya in the area. It is contended that the applicant in discharge of his duty as a local correspondence of the newspaper had taken out various information under the Right to Information Act and subsequently has raised his voice by the paper publication news highlighting illegal sale of liquor in the area and time and again has reported the matter. The said news were published in the news -paper wherein the allegations were clamped against few of the Panchayat Karmis of the village along -with few Government officers who allowed the illegal sale of liquor in the area. It is further stated that the applicant had also raised voice against the scrap -holders (Kabadi) that they were allowed to do all illegal business without any licence by blocking the roads and report of illegal mining was also highlighted. It is further stated that because of the report and publication made, few of the arrest were made that of the people who were involved in sale of illegal liquor and other illegal activities.