PRAMOD THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Sec. 483 of B.N.S.S. for grant of regular bail relating to Crime No.629/2025 registered at Police Station - Chourai, Distt. Chhindwara (M.P.) for the offence punishable under Sec. 34(2) of M.P. Excise Act. Applicant is in detention since 23/7/2025.

(2.) As per the prosecution story, on receiving information from the informant Police made a search and recovered 279 bulk liter country made liquor from possession of present applicant. Therefore, the offence has been registered against the present applicant under the aforesaid Sec. .

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is in custody since 23/7/2025. It is submitted that offence under Sec. 34(2) of M.P. Excise Act is not made out. It is also submitted that as per Sec. 34(2) of M.P. Excise Act, two conditions are mandatory (i) accused must have been convicted for an offence under clause (a) or (b) of sub-sec. (1) of Sec. 34 and (ii) from applicant more than 50 bulk liter illicit liquor has been seized. Unless these two conditions are fulfilled, offence under Sec. 34(2) of M.P. Excise Act will not made out. There is no criminal antecedents of applicant. In support of his submission, learned counsel has placed reliance on the decision of Coordinate Bench of this Court in Pavan Gour vs. State of M.P. passed on 23/6/2023 in MCRC. No.23717/2023 in which learned Coordinate Bench has held that for offence making out under Sec. 34(2) of M.P. Excise Act prior conviction under Sec. 34(1)(a)(b) and thereafter in subsequent offence, seizure of liquor exceeding 50 bulk liter is necessary. The relevant portion of said decision as reproduced as under:-