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Judgment
Satyendra Kumar Singh, J
Perused the case diary.
This is second application filed under Section 439 of Cr.P.C for grant o f bail to the applicant, as he has been arrested on 10.07.2023 in connection with Crime No.100/2023 registered at Police Station Tendua, District Shivpuri (M.P.) for commission of offence punishable under Section 34(2) of the Excise Act.
Applicant's first application was dismissed as withdrawn vide order dated 23.8.2023 passed by this Court in M.Cr.C.No.32282/2023.
Prosecution case, in brief, is that on 10.7.2023 the applicant was found carrying 126 bulk litres of illicit country made liquor in a loading auto bearing Registration No.M.P.33/L2708 without having any license or authority.
Learned counsel for the applicant submits that the liquor said to be seized from the possession of the applicant was booked by some other person as stated in the memorandum statement of the applicant. Applicant's mother is an old aged lady aged about 60 years suffering from various diseases. Investigation has been completed and charge sheet has been filed. Applicant's custodial interrogation is not required. Applicant has no criminal past record. Trial will take time to conclude, therefore, the applicant is entitled for bail.
Learned counsel for the respondent/State has opposed the application and submits that huge quantity i.e. 126 bulk litres of illicit country made liquor have been seized from the possession of the applicant. The aforesaid liquor was found in applicant's loading vehicle bearing Registration No.M.P.33/L2708. Trial is yet to commence, therefore, the applicant is not entitled for bail.
Having considered the rival submissions, material pointed out by learned counsel for both the parties, quantity of liquor so also other facts and circumstances of the case, this Court is of the considered opinion that it is not a fit case for grant of bail.
The application fails and is hereby dismissed.