KASHMIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present regular bail petition filed under Sec. 439 of the Code of Criminal Procedure arises out of FIR No.15/2022, dtd. 19/1/2022, registered under Ss. 304, 308, 328, 420, 468, 471, 201, 109 and 120B of the Indian Penal Code and Ss. 39, 40 and 41 of the H.P. Excise Act at Police Station Sundernagar, District Mandi.

(2.) The FIR was registered after the death of some persons on consuming spurious liquor allegedly made illegally by one Gaurav Minhas in his illegal liquor plants. In all, seven persons are stated to have died and fourteen injured on consuming spurious/noxious liquor. According to the status report, the role of the bail petitioner is with respect to the storage of illegal and spurious liquor. According to the prosecution, during investigation, accused Ravinder Kumar alias Ravi disclosed having purchased 50 cartons of country made liquor marked Santra VRV on 14/1/2022 from accused Surender alias Chhunchi. He sold one carton to accused Pradeep and two cartons to accused Sulender alias Pola. On 18/1/2022, Ravinder Kumar came to know about the death of certain persons, who had consumed liquor. Immediately thereafter, he called the bail petitioner and asked him to store the left out 47 cartons of liquor at latter's home. He also requested the bail petitioner to destroy the liquor. As per the status report, call detail record procured by the investigating agency establishes exchange of calls between the petitioner and Ravinder Kumar. The prosecution case is also that Ravinder Kumar had transported the aforesaid 47 cartons of country made liquor in a vehicle belonging to one Roop Lal for storing them in petitioner's house. That the fact of transporting and storing the liquor at the instance of Ravinder Kumar in petitioner's house was verified by Roop Lal during investigations. It is further case of the prosecution that petitioner in his statement recorded under Sec. 27 of the Indian Evidence Act on 7/2/2022 had disclosed having thrown all the cartons in Satluj river on 24/1/2022. At his instance two bottles of country made liquor marked Santra VRV Foods were statedly recovered from the spot identified by the petitioner. The liquor contained in these bottles, as per the report of Chemical Testing Laboratory Kandaghat, was spurious and unfit for human consumption. The status report indicates that the petitioner has criminal record. Presently he is involved in four FIRs i.e. FIR No.186/2009, registered at Police Station Ghumarwin, District Bilaspur, H.P., FIR No.49/2013, registered at Police Station Sadar, District Bilaspur, H.P. and FIRs No.69/2015 & 46/2018, registered at Police Station Barmana, District Bilaspur, H.P.

(3.) Learned counsel for the petitioner submitted that the petitioner is permanent resident of the State. He has nothing to do with the offences alleged against him. He had joined the investigation and had been cooperating with the respondent for 5-6 days prior to his arrest. Learned counsel further submitted that the petitioner was arrested on 6/2/2022. The allegations that 47 cartons of country made liquor were kept at the house of the petitioner is incorrect. No recovery was made from the house of the petitioner. Learned counsel for the petitioner submitted that investigation qua the petitioner is complete. Nothing remains to be recovered from petitioner. The petitioner has been co-operating with the investigating agency and will continue to co-operate. He will undertake to abide by all the conditions, which may be imposed upon him in case of grant of bail. Being local resident with deep roots in the society, there is no apprehension of his absconding or jumping the bail. Learned Additional Advocate General contended that the petitioner is accused of storing and later on destroying 47 cartons of illegal manufactured spurious country made liquor. The petitioner does not deserve any leniency.