(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Mr. Harendra Singh Advocate on behalf of the applicant Pemaram @ Premaram pertaining to F. I. R. No. 40/2008-09 at police station excise, Jaipur Rural, Jaipur, in the offences under Sections 16/54 of Rajasthan Excise Act.
(2.) HEARD learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.
(3.) 490 liter wash is alleged to have been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner has contended that at the time of recovery of this alleged wash, he was not present in the house. Recovery has been made in his absence. No other criminal case is pending against him. He is not a habitual offender, hence, he may be granted indulgence of bail.