DALPATBHAI DEVJI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service.

(2.) This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 65(a) , 65(e) , 98(2) and 81 of the Prohibition Act which FIR came to be registered at C.R. No.III-351 of 2019 with Panthawada Police Station.

(3.) Ld. Counsel Mr. Barot submitted that the petitioner is a cook and own a bolero for the purpose of catering and since the same was not in use in the recent past, his brother who is the accused found to be in possession of the contraband had taken the Bolera. Ld. Counsel submitted that petitioner has no antecedents and is doing the aforesaid business for his earning. Learned Counsel on instructions submits that the applicant is ready and willing to abide by all the conditions, including the condition with regard to the powers of Investigating Agency to seek remand of the petitioner; subject to the petitioner's right to oppose it. Ld. APP is unable to dispute the fact that the petitioner is sought to be booked only on the ground of his being owner of the Bolero, without there being any further material implicating him in the offence in question.