RAHUL SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for grant of bail in case FIR No. 17/2019, dated 07.10.2019, under Section 39(1) A of HP Excise Act, registered at Police Station Puruwala, District Sirmaur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no fruitful purpose will be Whether reporters of Local Papers may be allowed to see the judgment? Yes. served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 07.10.2019, a rukka was received in Police Station Puruwala, wherein Sub Inspector Subhash Kumar has stated that when he was on petrolling duty at place Gorkhuwala, an information was received that at Khodri Majri police nakka, a bolero car, bearing registration number PB-11BY-9712, carrying illicit liquor, had been stopped. On inquiry, the driver of the said vehicle disclosed his name to be Rahul Sharma. When the vehicle was got checked, 84 bottles of Gravity whisky, 12, bottles of Royal Stag and 10 cartons of Kings Gold (containing 48 quarters of liquor in each box) were recovered. The recovered liquor was found not permitted to be sold in State of Himachal Pradesh, as it was only permitted to be sold in Chandigarh. The samples of the recovered illicit liquor were taken for chemical analysis. After completing all codal formalities, FIR No. 17/2019, dated 07.10.2019, under Section 39(1) A of HP Excise Act, came to be registered against the petitioner.