LAWS(MPH)-2018-4-336

PAWAN KUMAR Vs. STATE OF MP

Decided On April 11, 2018
PAWAN KUMAR Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) This is first application under section 438 of CrPC, 1973 for grant of anticipatory bail.

(2.) The applicant apprehends his arrest in connection with Crime No.601/2017 registered at Police Station District Excise Officer, Gwalior, District Gwalior for offence under Sections 34(1)(A), 34(1)(B) and 34(2) of Excise Act.

(3.) It is submitted by counsel for the applicant that the applicant has nothing to do with the affairs of M/s. Saksham Beverages Private Limited. He is neither the Director nor signatory authority/nominee of M/s. Saksham Beverages Private Limited. M/s. Saksham Beverages Privates Limited is holding the licence to carry out the trade in liquor and, therefore, if M/s. Saksham Beverages Private Limited has sold the liquor in question to Sayaji Hotel Limited, Indore, then it had not committed any illegality. If the liquor was being transported by Rail in contravention of agreement between Railway and the Transporter, then M/s. Saksham Beverages Private Limited cannot be held liable for the same.