CHHUTTAN @ DEEPAK SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard the matter finally.

(2.) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.47/2015 registered in Police Station Gendatola, Distt. Rajnandgaon for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

(3.) Learned counsel for the applicant submits that on 18.8.2015 at 2.30 am, Police of Gendatola, Distt. Rajnandgaon seized one vehicle Maruti Suzuki 800 bearing registration No.CG-04 ZP 2943 which was being driven by juvenile Rajesh Sahu, S/o. Pappu Sahu. In the said vehicle, 176.4 bulk liters of liquor has been seized. On being asked, the said juvenile gave in writing to the police that he is not having any permission to sale or transport the liquor and is not having any driving licence to drive the vehicle. Further the said juvenile also gave in writing that one Ghanshyam Manikpuri @ Pappu was with him who managed to abscond from the spot, the present applicant is the owner of the said maruti vehicle and he was transporting the liquor in the vehicle as directed by the present applicant and the said Ghanshyam @ Pappu. The police investigated the matter and since Rajesh Sahu was juvenile, separate charge sheet has been filed against him before Juvenile Justice Board, Rajnandgaon. Later on co- accused Ghanshyam Manikpuri was arrested and charge sheet has been filed against him before Chief Judicial Magistrate, Rajnandgaon. At that time also present applicant was alleged to be absconding. The concerned police reserved right for further investigation against the present applicant under the authority of Section 173(8) of the Cr.P.C. The said co-accused Ghanshyam was tried by Chief Judicial Magistrate Rajnandgaon in criminal Case No.149/16 on 30.8.2016. The trial Court acquitted Ghanshyam Manikpuri @ Pappu. As submitted the State had not preferred any appeal against the said acquittal.