IMRAN SULEMAN SETA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being III-C.R. No.159 of 2019 registered with Manavadar Police Station, Junagadh for the offences punishable under sections 65(E), 98(2) and 81 of the Gujarat Prohibition Act.

(2.) Mr. Ashish Dagli, learned advocate for the applicants, submitted that the driver transporting the prohibited liquor has been released on bail by this Court vide order dated 06.12.2019 passed in Criminal Misc. Application No.20271 of 2019. While referring to the first information report, it was pointed out that the owner of the truck in question is yet to be arrested. It was submitted that the driver of the truck had informed that the prohibited liquor was to be delivered to the applicants herein. However, the first information report itself reveals that both the applicants were not present inside the house and that during the search of the house, no prohibited liquor was found.

(3.) Ms. Nisha Thakore, learned Additional Public Prosecutor appearing on behalf of the respondent - State, opposed the grant of anticipatory bail. It was submitted that the driver of the truck was enlarged on regular bail and therefore, the principle of parity could not be invoked in this case. It was submitted that prohibited liquor was found from the truck and that as per the statement of the co-accused, the articles were to be transported to the applicants herein. It was, therefore, prayed that no discretion may be exercised in favour of the applicants.