CHIRAGBHAI SURESHBHAI JARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the offence registered with Vasad Police Station vide C.R. No.11215038200166 of 2020 for the offences punishable under Sections 471 and 120(B) of the Indian Penal Code and Sections 65(E) , 81 , 83 , 98(2) , 116(B) of the Prohibition Act.

(2.) Mr. Vishal Anandjiwala, learned advocate for the applicants submitted that as per the allegations made in the FIR, police constables Mahendra Khumansinh and Mahendra Balvantsinh while patrolling in the jurisdiction of Vasad Police Station during the lockdown due to Covid - 19 pandemic, saw one car going to Anand from Vadodara and stop the car on N.H.48 and found 3 persons in the car including the driver. It is alleged that the driver gave Covid- 19 exemption pass of Ananad District wherein the name of the driver accused no.1 and the name of Ganpat Mahida was written as driver of the vehicle exempted and for the purpose to get the present accused no.2 released from the Chhota udaipur jail, the vehicle and the driver were exempted to travel to Chhota Udaipur. It is alleged that the police personnel had doubt on the accused persons as accused no.2 was in jail for the offence punishable under the Prohibition Act . As the police personnel seized the vehicle, they found concealed liquor from the back side and the middle of the vehicle. Therefore, service of two panchas were sought and the liquor seized was worth Rs.35,750/-.

(3.) Mr. Vishal Anandjiwala, learned advocate for the applicant submitted that nothing was recovered from accused no.2 and the car does not belong to any of the petitioners but as the accused no.1 produced one exemption pass issued on his name with the vehicle registration number written on it showing the car in the name of accused no.1, he has submitted that the petitioners being friends joined him and they had no knowledge of concealed liquor in the vehicle.