MUNNALAL Vs. STATE OF M. P.

JUDGEMENT

(1.) This is a repeat (3rd) application filed under Section 439 of Cr.P.C. by the applicant Munnalal S/o. Kaluramji, who has been arrested by Police on 07.2.2020 in connection with Crime No.335/2019, Police Station Bhatpachlana, District Ujjain for the offence punishable under Section 34(2) of the M.P. Excise Act. The earlier applications were dismissed as withdrawn.

(2.) As per the prosecution story, the co-accused Kalu Pinjara was found transporting 360 bulk litres liquor from his own vehicle Tata 407 Pick Up bearing registration No.MP-54-GA-0369. When he was intercepted, he ran away from the spot after leaving the vehicle. Police inquired the ownership of the vehicle and found that he is the owner of the vehicle and was also driving the vehicle on the date of incident.

(3.) Learned counsel for the applicant submits that the applicant is in custody since 7.2.2020 and the trial has yet not begun. There is no possibility of resumption of physical haring in near future and by that time, he would complete the minimum sentence. So far past record is concerned, one case has been filed u/s. 34 of the Excise Act and the another has been filed under the provisions of Gambling Act.