BHAGWAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.635/2023 registered at Police Station Bilpank, District Ratlam (M.P.) for the offence under Ss. 34(2) of the M. P. Excise Act. The applicant is in custody since 30/10/2023.

(2.) As per the prosecution story, on 30/10/2023 police got a discrete information from the informant that a red coloured container whose number is HR-55-AM-5613 is going from Satruda to Ratlam and is carrying English liquor. Act upon the said information police party reached on the spot and intercepted the contained and during the search 4950 bulk litres foreign liquor has been recovered from the container, which was being transported without any valid permit. Accordingly, a case has been registered.

(3.) Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this matter. The seized liquor was being transported in accordance with the Ware House Goods (Removal) Regulation, 2016 and with all the permissions duly granted by the Customs authority. No permit / permission is required for transportation of the custom bounded goods under the provisions of M.P. Excise Act. Investigation is over and charge sheet has been filed. Offence is triable by Judicial Magistrate First Class. Applicant is in jail since 30/10/2023. He is permanent resident of District Rohtak (Haryana) and final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.