Mittar Dev vs State of H.P.

Kuldip Singh, J.—This judgement shall dispose of Cr.M.P.(M) Nos. 495 and 496 of 2011, as both applications have been filed, u/s 439 Code of Criminal Procedure for granting bail in case arising out of FIR No. 119 of 2011 registered on 1.6.2011 at Police Station, West Shimla, under Sections 61, 69 of Punjab Excise Act as applicable to the State of Himachal Pradesh. The status report has been filed and I have perused the record.

The applicant in Cr.MP(M) No. 495 of 2011 is the driver and applicant in Cr.MP(M) No. 496 of 2011 is the cleaner of truck bearing registration No. HP-64-0601, which was checked at about 5.30 a.m. on 1.6.2011 by ASI and other police officials at Khel Choura Jabri bifurcation. On checking, country liquor mark Rasila Santra 760 boxes, each box containing 12 bottles of country liquor, 12 boxes of IMFL mark Party Special, each box containing 12 bottles of 750 ml. were found. On all bottles of country and IMFL liquor, it was written for sale in Chandigarh U.T. There was No. batch number on the bottles. The driver and other person Paras Ram, who was sitting in the truck could not produce any licence/ permit for carrying the liquor. The sealing and sampling was done on the spot and applicants were arrested. The applicant Mittar Dev disclosed during the investigation that liquor was handed over to him by Inder Dev alias Danu at Mani Majra. Many cases have been registered against Inder Dev under Excise Act in different police stations. One case each is registered against Mittar Dev and Paras Ram under Excise Act at Police Station, Boileauganj. The investigation in the case is complete and challan has been submitted on 28.7.2011.

The learned Counsel for the applicants has submitted that applicants are innocent, they have been falsely implicated in the case, No. recovery is to be made from them. On the contrary, after completing the investigation, the challan has already been submitted in the court. He has submitted for releasing the applicants on bail.

The learned Addl. Advocate General has opposed the bail applications on the ground that applicants are habitual offenders. They are already facing cases. The third accused Inder Dev is in judicial custody against whom several cases under Excise Act are registered in different police stations. In the present case, huge quantity of illicit liquor has been recovered from the conscious possession of the applicants. She has prayed for dismissal of bail applications.

I have considered the submissions of either side and have also gone through the record. It has come on record that earlier to the present case, both the applicants are involved at-least in one case each under the Excise Act registered at Police Station, Boileauganj. The co-accused Inder Dev is habitual offender under the Excise Act. The quantity of illicit liquor in the present case is huge. The possibility cannot be ruled out that in case the applicants are released on bail, then they will commit the offence again keeping in view their past conduct. The learned Addl. Sessions Judge Fast Track Court, Shimla has dismissed their bail applications on 27.6.2011. In my opinion, the applicants are not entitled to indulgence of bail at this stage. Accordingly, both the applications are dismissed.