HARIRAM Vs. STATE

JUDGEMENT

(1.) SHRI Jaisingh for the applicant and Shri G. Desai, Dy. A. G. for the prosecution.

(2.) SO far as the present bail application is concerned, Shri Jaisingh submitted that the investigating agency had arrested Omprakash, the owner of the hut where the present illicit foreign liquor was found in bottles which was more than 50 bulk litres. He submitted that the statement of Omprakash has been recorded by the Excise Officer concerned and that shows that present applicant was his employee and in the absence of Omprakash was selling the liquor to the customers. Shri Jaisingh submitted that the statement of the applicant has also been recorded in which he had admitted the said information. Shri Jaisingh submitted that the said statement has been retracted by the present applicant and, therefore, it would not be having any credibility at the time of trial against the present applicant.

(3.) SHRI Jaisingh submitted that in view of all these things and provisions of Section 49-B and provisions of M. P. Excise (Amendment) Act, 2000, Section 34 of the Excise Act, the applicant would be entitled to get the bail and therefore, he be released on bail.