VIJAY RAMABHAI KHAMBHLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.III-18 of 2019 registered with Mangrol Marine Police Station, Dist. Junagadh for the offences punishable under Sections 65(a)(e), 116(2)(b) and 81 of the Gujarat Prohibition (Amendment) Act.

(3.) It is the case of the prosecution that on 19.02.2019, when the first informant along with other police officials were on patrolling near Ram Mandir, near Mangrol Port, they got secret information that one Sunilbhai Tulsibhai Chamundiya accused No.1, residing at Joita Street, near Ram Mandir has kept illegal prohibited stock of liquor in his house. Upon such information, the police officials raided the said place, from where the original accused No.1 was caught red handed with the alleged muddamal of illegal prohibited stock of liquor being 17 bottles worth Rs.6,800/-, without there being any pass or permit. Upon inquiring about the same, the accused No.1 informed the first informant that the said muddamal was given to him by his relative i.e. accused No. 2 Nikhil Govindbhai Macch and they both are engaged in the business of the same. It is further alleged that the first informant along with other police officials also raided at the house of the accused No.2, from where the accused No.2 was found but with no any illegal stock of liquor and hence, the present F.I.R.