JASHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11211009210064 registered with Chotila Police Station for offences punishable under Sections 65- A, 65(e), 116-B, 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Mr. A.R. Shah, learned advocate for the applicant, submitted that the allegation against the applicant is of making payment towards the prohibited liquor to the co-accused on behalf of the main accused, which has been captured in the CCTV. It was submitted that the co-accused, i.e. the person from whose possession the prohibited liquor was found, has been enlarged on bail by this Court vide order passed in Criminal Misc. Application No.6814 of 2021 dated 28.04.2021. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Ms. Nisha Thakore, learned Additional Public Prosecutor, referred to the Affidavit of the Investigating Officer to submit that the prohibited liquor was seized by the police on the spot. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.