NEMICHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second application for anticipatory bail under Section 438 Cr.P.C. has been preferred on behalf of the petitioner in connection with F.I.R. No.91/2014 registered at Police Station Nagori Gate, District Jodhpur for the offences under Sections 19/54 of the Rajasthan Excise Act.

(2.) Phusa Ram, Head Constable posted at Police Station Nagori Gate, Jodhpur received an information through his informer on 6.7.2014 at 5.30 AM that the petitioner would be carrying illicit liquour on his white coloured scooty and would be going towards his house. If a trap is laid, the accused could be apprehended with heavy quantity of illicit liquour. The Constable took the information down in writing and thereafter proceeded to lay a cordon at the Hanuman Chowk for trapping the accused. At about 6.10 AM in consonance with information received by the Constable, the accused was seen coming from Bheel Basti towards Hanuman Chowk on his white coloured scooty. Seeing the Police cordon, the accused left his scooty bearing registration No.RJ19.MS.9365 on which some stuff was loaded and started running towards the lane No.7 of Kalal Colony. He was pursued but managed to escape from between the houses.

(3.) The scooty left by the accused at the road was inspected. It was seen that a gunny bag was tied on the pillion seat of the scooter and some cartons were lying at its footrest. Witnesses from the nearby locality were requested to participate in the seizure proceedings but as the accused is a known liquour smuggler and is an influential man, nobody from the locality agreed to participate in the seizure proceedings. Accordingly, two Constables from the Police party were appointed as Panch witnesses and search was initiated. From inside the bag tied on the seat of the scooty, two cartons of Royal Stag liquour having 12 bottles each meant for sale in Haryana and one carton containing 28 quarters of Moonwalk Premium Dry Gin were found. The three cartons lying on the footrest of the scooty were of Officers Choice Superior Whisky containing 48 quarters of liquour each. The illicit liquour was seized. The Constable prepared the search and seizure memo and thereafter, proceeded to the Police Station Nagori Gate and lodged an FIR No.91/2014 against the petitioner accused for the offence under Section 19/54 of the Rajasthan Excise Act.