HEMARAM DHIMARAM KHERAJRAM JAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed praying for regular bail in connection with FIR being C.R.No.11204017220387 of 2022 registered with Chaklasi Police Station, Kheda, for the offence punishable under Ss. 65(e), 67(a), 116(b), 98(2), 81 and 99 of the Gujarat Prohibition Act as also under Ss. 465 , 468 and 471 of the Indian Penal Code, by the applicant - accused who as a driver transported, under the guise of supplying machines for R.O. Water plant, huge quantity of liquor concealed in a secrete chamber of the vehicle, driven and possessed by him containing 5208 bottles amounting to Rs.22,51,200.00 in a dry state.

(2.) Heard Mr. Maulin G. Pandya, learned advocate for the applicant. According to his submission, the applicant is a driver and he has nothing to do with the goods seized as he has to deliver the R.O.machines at the destination in Surat. He has further submitted that if bilty found from the truck for carrying the goods to be delivered at Surat, is fake, he is not concerned with the same as he is simply driver and he has acted as per the order of his owner. He has further submitted that the applicant has no criminal antecedents and charge-sheet is also filed and therefore, he may be released on bail since he is in custody from 16/10/2022.

(3.) As against that, Ms. Shruti Pathak, learned APP for the respondent - State, submitted that huge quantity of liquor is found from the conscious possession of the applicant and even vehicle bore fake registration number plate for transporting illegal liquor in a dry State. She has further submitted that the bilty found from the truck produced by the applicant - accused was also of a place nonexistent and that too at Surat. However, according to submission of learned APP, if goods were to be delivered at Surat, the vehicle would not go towards the Ahmedabad and therefore, it can be presumed that he is in knowledge of illegal prohibition muddamal being carried in a secrete chamber of the truck and therefore, he cannot plead any ignorance about the same.