(1.) The application has been filed, seeking anticipatory bail under Section 438 of Cr. P.C., anticipating his arrest in respect of the FIR being C. R. No.11209020200735 of 2020 registered at Idar Police Station, District Sabarkantha for the offence punishable under Sections 65(a) , 65(e) , 116 -?B, 98(2) of the Gujarat Prohibition Act.
(2.) As per the allegations made in the FIR, the complainant and other police officials were checking the vehicles and at that time, one Renault Duster Car having RTO Registration No.GJ-?01-?RB-?5382 came from Bhiloda and the driver of the said car, on seeing the police officials, had left the car and run away. On checking the car, the liquor worth Rs.72,000/-? was found in the car. It further appears that the said complaint was registered against the unknown persons, however, subsequently, the I. O., had filed the affidavit before the lower Court in which the present applicant along with other accused including one Sukhalal Mangalaji Gameti and Prahaladsinh Vijaysinh Kursinh Rathod have been found involved and shown as the accused.
(3.) It is sought to be submitted by the learned Advocate for the applicant that the applicant is having the licensed shop at the District Dungarpur, Rajasthan and the said shop is acknowledged by the District Excise Officer of Dungarpur. He further submitted that the applicant had no knowledge about the alleged car and alleged liquor found from the said car at the scene of offence. He also submitted that the other two co-?accused Sukhalal Mangalaji Gameti and Prahaladsinh Vijaysinh Kursinh Rathod have already been enlarged on bail by the Additional Sessions Court, Sabarkantha in Criminal Misc. Application No.260 of 2020.