SARAD @ MONTI Vs. STATE OF MP

JUDGEMENT

(1.) Within less than a month of withdrawal of his first application in the backdrop of his criminal record on 12/03/2019 in MCRC No.9420/2019 and without challenging the order before the apex Court, the petitioner has come before this Court again for grant of bail in Crime No.689/2019 registered by Excise Office, Gandwani under Section 34(1)(A) and 34(2)A of MP Excise Act, 1915.

(2.) It is the case of the prosecution that after receiving information when the officers of Excise Department searched the petitioner, he was found in possession of 4 boxes of Mount Beer containing 48 bottles, each of 650 ml., 2 boxes containing 96 quarter bottles each of 160 ml. Royal Knight Whisky and 1 box containing 50 quarter bottles of 180 ml. He was neither having any license for conscious possession of such quantity of liquor nor any explanation was given by him for such illegal possession of liquor. He was arrested and sent to jail. Liquor was seized.

(3.) During investigation, it was revealed that earlier also on 4 occasions, the petitioner was found violating the law. Out of these four cases, bearing Crime No.112/06 and 24/06, 63/13 and 208/14, first 2 cases are under Gambling Act and later 2 cases, which are the main concerns under the Excise Act , are for contravention of Section 34(2) of the Act.