BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail petition filed under section 439 of Cr. P. C. by mr. Surendra Sharma Advocate on behalf of the applicant Bhagwan Singh pertaining to FIR no. 264/2009 of Police Station Kunhadi, Kota in the offences under sections 19/54 and 16/54 of Excise Act.

(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioner has canvassed that the petitioner is a license holder of liquor shop. He has been falsely implicated. It is wrongly alleged that he was adulterating 30 bottles of liquor by way of mixing water therein. The godown was inspected by a police officer not authorized to do so under Section 47 of Excise Act and if a person not authorized to conduct a regular search then the lapse amounts to an offence under Section 58-C of the Excise Act, which is punishable with three months' imprisonment and thus, bailable, hence, the petitioner may be granted indulgence of bail.