(1.) This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.320/2019 registered at Police Station Excise Circle Agar, District Agar Malwa (MP) for offence punishable under Sections 34 (1) and 34 (2) of the Madhya Pradesh Excise Act, 1915.
(2.) The applicant is in custody since 09.10.2019. As per prosecution story, on the basis of source information, the Police seized 62.82 bulk liters of illegal liquor from the possession of the present applicant. Hence, the case has been registered against him / her.
(3.) Learned counsel for the applicant has submitted that the applicant has not committed any offence and he has falsely been implicated in the present crime. 62.82 bulk litre of illigal liquor alleged to have been recovered from the possession of the applicant. The applicant is in custody since 09.10.2019. The investigation is over; and charge sheet has been filed. Conclusion of the trial will take sufficiently long time. The offence registered against the applicant is triable by Judicial Magistrate First Class. Learned counsel for the applicant assured that in future applicant will not be faulted with the provision of Section 59 (A) of the M.P. Excise Act, 1915. In these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.