ASHISH DUBEY Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) This is the first application under section 438 of Cr.P.C., 1973 as the applicant apprehends his arrest in connection with Crime No. 284/2017 registered at Police Station Uchehra, District Satna for the offence punishable under Section 34(2) of the Excise Act.

(3.) As per prosecution case, on 15/7/2017, on information of informant police stopped the vehicle (Silver brown colour Mahindra Max Jeep) bearing registration no. MP20E0129 and seized 159 litres English wine from the vehicle and arrested co accused Jitendra Singh and Sharad Pandey, who were illegally carrying that wine which was seized by the police from their possession and Crime no. 284/17 was registered at P.S. Unchehra for the offence punishable under Section 34(2) of the Excise Act. During investigation of the crime, it was found that said jeep was owned by the applicant. Hence, police apprehended the applicant in the crime.