SANTOSH KUMAR GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The applicant has an apprehension of his arrest in Crime No.211 /2015 registered at Police Station Kotwali, District Anuppur for offence punishable under sections 34(2) and 42 of the M.P. Excise Act.

(3.) Learned counsel for the applicant submits that applicant is reputed citizen of the locality, who has no criminal past alleged against him. There is no allegation against the applicant that any contraband liquor was found with the applicant. Liquor was found only with Kuvendra and Santram who, have stated that they have brought the liquor from the applicant. However, their memo under section 27 of the Evidence Act is not applicable against the applicant according to the provisions of section 24 of the Evidence Act and therefore, there is no evidence against the applicant to connect him with the case. No prohibition of section 5 9A of the M.P. Excise Act shall be applicable in the present case. Police is unnecessarily harassing the applicant without any substantial reason. Consequently, he prays for bail of anticipatory nature.