GHANSHYAMSINH DILIPSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of his arrest in connection with the FIR being Prohibition - C.R.No.5440 of 2016 registered with Odhav Police Station, District: Ahmedabad for the offences punishable under Sections 66(b), 65(a)(e), 116(b) and 81 of the Prohibition Act.

(2.) Ms.Vaibhavi Raval, learned advocate for Mr.Chetan Raval, learned advocate for the applicant submitted that the applicant is neither alleged to have imported or stored the liquor nor even alleged to have been caught with liquor but subsequent to the filing of the FIR, wherein no allegation against the present applicant is made, the applicant is sought to be involved on the basis of the statement of the co-accused during the police remand. She submitted that since the applicant is not alleged to be involved in importing liquor, the Court may exercise discretion under Section 438 of the Code in favour of the applicant.

(3.) On the other hand, Ms.Thakkar, learned Additional Public Prosecutor submitted that, though the applicant is not named in the FIR, however during the police remand of the co- accused, who was caught with the liquor, the co-accused stated that it was at the instance of the present applicant and another co-accused he had imported the liquor. She therefore urged that since investigation in connection with the alleged offices is in progress, the Court may not exercise discretion under Section 438 of the Code in favour of the applicant. She also pointed outed that there are antecedents against the present applicant inasmuch as four cases under the Prohibition Act were registered against the applicant and considering his past history the Court may not consider the present application.