MITTAR DEV Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgement shall dispose of Cr.M.P.(M) Nos. 495 and 496 of 2011, as both applications have been filed, under Section 439 Code of Criminal Procedure for granting bail in case arising out of FIR No. 119 of 2011 registered on 1.6.2011 at Police Station, West Shimla, under Sections 61, 69 of Punjab Excise Act as applicable to the State of Himachal Pradesh. The status report has been filed and I have perused the record.

(2.) THE applicant in Cr.MP(M) No. 495 of 2011 is the driver and applicant in Cr.MP(M) No. 496 of 2011 is the cleaner of truck bearing registration No. HP -64 -0601, which was checked at about 5.30 a.m. on 1.6.2011 by ASI and other police officials at Khel Choura Jabri bifurcation. On checking, country liquor mark Rasila Santra 760 boxes, each box containing 12 bottles of country liquor, 12 boxes of IMFL mark Party Special, each box containing 12 bottles of 750 ml. were found. On all bottles of country and IMFL liquor, it was written for sale in Chandigarh U.T. There was No. batch number on the bottles. The driver and other person Paras Ram, who was sitting in the truck could not produce any licence/ permit for carrying the liquor. The sealing and sampling was done on the spot and applicants were arrested. The applicant Mittar Dev disclosed during the investigation that liquor was handed over to him by Inder Dev alias Danu at Mani Majra. Many cases have been registered against Inder Dev under Excise Act in different police stations. One case each is registered against Mittar Dev and Paras Ram under Excise Act at Police Station, Boileauganj. The investigation in the case is complete and challan has been submitted on 28.7.2011.

(3.) THE learned Addl. Advocate General has opposed the bail applications on the ground that applicants are habitual offenders. They are already facing cases. The third accused Inder Dev is in judicial custody against whom several cases under Excise Act are registered in different police stations. In the present case, huge quantity of illicit liquor has been recovered from the conscious possession of the applicants. She has prayed for dismissal of bail applications.