GHANSHYAMBHAI AMARSHIBHAI LAKHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. R.S.anjanwala appearing with learned Advocate Mr. Aadit R. Sanjanwala for the Applicant and learned APP Ms. Moxa Thakkar for the Respondent - State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for enlarging him on anticipatory bail in connection with the FIR No. 111210030211552 registered with Surat City Mahidharpura Police Station for the offenses punishable under Ss. 65(a), (e), 98(2) and 81 of the Gujarat Prohibition Act, 1949.

(3.) Learned Advocate for the Applicant has urged that the allegations levelled against the Applicant accused is to the extent that he has purchased a very little quantity of liquor bottles from the so-called prime accused. Secondly, he has already paid an amount of Rs.5000.00 and the remaining amount of Rs.1700.00 was only due to be paid. Thirdly, he is not a bootlegger and fourthly it is nobody's case that the present Applicant was selling the so- called liquor to any other person, which was seized by the police officer from the prime accused. Learned Advocate for the Applicant has further submitted that the present Applicant is a businessman with no criminal antecedents and he is having two children as such he is not involved in any such offence. It is submitted that moreover, the Applicant is having the permit. Learned Advocate for the Applicant has submitted that the Applicant is thus apprehending his arrest in connection the aforesaid FIR and in this connection the earlier application filed by the Applicant before the learned Sessions Court came to be dis-allowed. Learned Advocate for the applicant has therefore submitted that the present application may be allowed.