MOHANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second application under Sec. 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.454/2021 registered at Police Station Khachrod, District Ujjain(MP) for offence punishable under Ss. 353, 332, 333, 147 of Indian Penal Code, 1860 and Sec. 34 (2), 49 (A) of the Excise Act. The applicant is in custody since 9/9/2021.

(2.) First application was of the application was dismissed as withdrawn vide order dtd. 10/12/2021 in M.Cr.C. No.53349 of 2021.

(3.) As per the prosecution, on 26/6/2021, an information was received by the Police to the effect that three persons on a Bullet bearing registration No.MP-13 EU 0851 are carrying four cans of country made liquor in Gram Arjala, for delivering the same to a third person in Gram Narsinghgarh. On receipt of information, the Police Party reached the location and stopped the motorcycle and those persons stated their names to be Pratapsingh, Mohansingh, the applicant and Parmendra Singh. From them 60 litres of country made liquor was recovered which they were carrying without valid licence. When the process of confiscation was being carried out one Pratapsingh along with 10-15 other persons came on different motorcycles and started throwing stones on the Police party. They also caused injuries to some of the Police personnel and tore their clothes. They along with the persons carrying the liquor obstructed the Police party in carrying out their official duty. Taking advantage of the situation the applicant and other co-accused accompanying him on the motorcycle ran away. Thereafter, the present applicant has been arrested on 9/9/2021 and is in custody since then.