PAWAN KUMAR Vs. STATE OF MP

JUDGEMENT

(1.) This is first application under Section 439 of CrPC for grant of bail.

(2.) The applicant has been arrested in connection with Crime No.601/2017 registered at Police Station District Excise Office, 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. It is further submitted by the counsel for the applicant that the Customs Department has issued a letter dated 30/10/2017 and has replied the different queries raised by the Investigating Officer as under:-