LAWS(MPH)-2007-3-164

ASHOK Vs. STATE OF M P

Decided On March 23, 2007
ASHOK Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This is first application filed u/s. 439 Cr.P.C. for grant of bail in connection with crime no. 131/07 registered u/s. 34 (2) of the M.P. Excise Act by Excise Department, Barwani, on the allegation that the applicant was found in possession of 265 bulk lts. of country made liquor which was being transported in an auto rickshaw owned by present applicant.

(2.) Learned counsel for the applicant submitted that as per the prosecution story itself, liquor was in possession of three ladies who were passengers in the auto rickshaw of present applicant and hired that auto rickshaw for their journey. He submitted that passengers were traveling in the auto rickshaw along with the goods which were carried by them and later on when a raid was conducted by excise party then those three ladies ran away and were ultimately apprehended by the police and were interrogated. He submitted that as per the story of prosecution itself, all those three ladies have admitted before the Excise Officer that the alleged liquor belongs to them and was in their possession. He submitted that the statement recorded by Excise Officer though was a confessional statement but is admissible in evidence in view of the fact that the Excise Officer was not the Station House Officer of the police station and therefore information given to him does not hit the provisions of S. 25 and 26 of the Evidence Act. To substantiate this argument he has drawn attention of this court towards a judgment of the Supreme Court in the case of Raj Kumar vs. Union of India reported in AIR 1999, Supreme Court, page 44.

(3.) Learned counsel for the applicant further submitted that this is first offence of its kind ever registered against the present applicant. Learned public prosecutor also concedes to this fact on the basis of a report sent by district Excise Officer, district Barwani.