PAWAN MANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.402/2023 registered at Police Station Kolar Road District-Bhopal (M.P.) for the offence under Sec. 34(2) of the M.P. Excise Act.

(2.) As per prosecution story, police received an information from informer and thereafter, during checking, one Activa two wheeler was stopped and one occupant of Activa escaped and other person was caught. He told his name to be Pawan Mankar. Total 63 bulk liters of liquor was seized from applicant. Considering the aforesaid fact, trial Court has rejected the application taking into Sec. 59-A(II) of the M.P. Excise Act, 1915.

(3.) Learned counsel appearing for the applicant submitted that applicant has not previously been convicted under Sec. 34(1) of M.P. Excise Act, 1915 and further Sec. 59-A(II) does not create any bar grant of bail to accused persons. It is submitted that trial Courts refused bail to accused person in view of Sec. 59-A(II) of the M.P. Excise Act, 1915.