VANARAM SAVARAM DEVASHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11216025220040 registered with Santej Police Station, District : Gandhinagar for offences punishable under Sec. 65-A, 65(e), 98(2), 81 and 83 of the Gujarat Prohibition Act.

(2.) Learned advocate for the applicant submitted that investigation is over and charge-sheet is filed. The applicant was merely serving as driver of the vehicle, in which the prohibited liquor was allegedly transported and was not aware about the goods in the vehicle. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that huge quantity of prohibited liquor worth Rs.34.42 Lacs (rounded off) has been seized and that the applicant is not a resident of the State of Gujarat. If released on bail, he would flee justice and would not be available for trial. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.