SIRISH JALTARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under section 439 Cr.P.C. filled by the Petitioner Sirish Jaltare seeking his pre -trial release from detention in the jail custody in G.R.Case No.2089/2000 arising out of Khandagiri P.S.Case No.231/2000.

(2.) THE prosecution case.as disclosed from the FIR lodged by the S.I.of Police,Khandagiri P.S., is that after station diary entry No,609 dated 24.6.2000 was made on the information received by the said S.I. that a truck bearing registration No.MP -24 -C -3536 was plying from Cuttack side towards Khurdha loaded with non -duty paid adulterated foreign liquior, the said S.I. accompanied bya constable stopped the vehicle at Khandagiri Chhak and on enquiry from the driver of the vehicle the latter told that it was loaded with washing soaps.However, in the mean time the driver along with the helper of the truck escaped from the notice of the said police officer who thereafter on search of the vehicle found that it was loaded with foreign liquor packed in cartons which he unloaded and set the law into motion by lodging F. I. R. in Khandagiri P.S.and accordingly, Khandagiri P.S. case No.231/2000 under sections 420,272 read with section 34 IPC and also under section 47(a) and 55of the Bihar and Orissa Excise Act was registered. During the investigation the S.I. seized different brands of liquor which was chemically examined at State Forensic Science Laboratory, Rasulgarh and found to be spurious.

(3.) THE learned counsel for the petitioner contends that the petitioner is neither the owner of the truck nor any incriminating articles were seized from his possession by the prosecuting agency and thereby connecting him with the complicity of the crime and that being so he claims release of the petitioner on bail on any condition. On the other hand, the learned Addl. Standing Counsel appearing for the State vehemently opposes the application firstly on the ground that the petitioner is an outsider whose presence cannot be secured during trial if he is released on bail and secondly on the ground that he is involved in supplying adulterated liquor to different places in Orissa where innocent persons died by consuming the said liquor.