SYAMA TAKRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. The petitioner has been implicated in11(a) C.C. No. 255 of 2006 of the Court of S.D.J.M., Koraput for the alleged commission of offence under Section 47(a) of the Bihar and Orissa Excise Act (for short 'the Act'). It is alleged that on 09.07.2006 at 6.00 p.m. the S.I. of Excise, Pottangi along with other staff, while conducting patrol duty, found the petitioner selling I.D. liquor. On being asked, he failed to produce any licence or authority for the same. Therefore, the S.I. of Excise seized the I.D. liquor (10 litres in quantity) contained in a plastic jerry can, prepared seizure list, arrested the accused -petitioner and forwarded him to the Court.

(2.) HEARD learned Counsel for the petitioner and learned Addl. Standing Counsel.

(3.) LEARNED Addl. Standing Counsel submits that proviso to Section 85 -A of the Act, which has been inserted by way of amendment vide Act 10 of 2006, stands as a bar for release of the petitioner on bail. In support of his contention, he relies on a decision of the apex Court in Bhupinder Singh v. Jarnail Singh : 2006CriLJ3621 .