CHANDAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 230/2011 dated 24.9.2011 registered at Police Station, Jawali under Section 61 of the Punjab Excise Act as applicable to the State of Himachal Pradesh.

(2.) IT has been stated that the petitioner has been falsely implicated that he was illegally possessing liquor to the tune of 11250 ml. The petitioner is innocent, he has committed no offence. The bail application filed by the petitioner has been dismissed by the Judicial Magistrate 1st Class, Jawali and then by the Sessions Judge, kangra on 15.10.2011.

(3.) THE status report has been filed in which it has been stated that on 24.9.2011 a secret information was received that petitioner had been operating working still in his field. On this, raid was conducted and it was found that petitioner in his field had been running a working still electrically operated. On the spot 15 bottles (11250 ml) of illicit liquor were found and taken into possession. The sampling and sealing was done on the spot and the petitioner was arrested on 24.9.2011. It has been stated that the petitioner in the past was involved in 23 cases under the Excise Act, he has been acquitted in 21 cases and two cases are still pending. The petitioner is a strong headed person and of quarrelsome nature. He is openly saying that he does not bother to remain in jail. The challan has been submitted in the Court on 2.11.2011 and now the case is fixed on 29.11.2011. The bail application of the petitioner has already been dismissed by the Sessions Judge. The prayer has been made for dismissing the bail application.