SURYAPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the applicant's FIRST application under Sec. 439 of Criminal Procedure Code, 1973, as he / she is arrested on 17/12/2022 in connection with Crime No.524/2022 registered at Police Station Tonkkhurd, District Dewas (MP) for offence punishable under Sec. 34 (2) of the Madhya Pradesh Excise Act, 1915.

(2.) Prosecution case, in brief, is that on 17/12/2022 the applicant along with other co-accused person Rahul Dabi S/o Prakash Dabi were found carrying 54 bulk litres of illicit country made liquor on a motorcycle bearing registration number MP-41 NK-5303 for the purposes of sale, without having any valid license or authority.

(3.) Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has no criminal past record with regard to the offences punishable under the Excise Act. His custodial trial is not required. Conclusion of trial will take considerable time. Therefore, he be released on bail.