1 2025:CGHC:14094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2303 of 2025 Paijan Hussain S/o Zakir Hussain Aged About 21 Years R/o Chandan Nagar, Indore, Dist- Indore (M.P.) (Surname of The Applicant Wrongly Typed In The Impugned Order As Usain Instead Of Hussain) ... Applicant versus State of Chhattisgarh Through- Excise Sub-Inspector, Excise Circle, Bemetara, Dist- Bemetara (C.G.) ... Non-applicant For Applicant : Mr. Rakesh Kumar Manikpur, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.140/2025, registered at Police Station – Excise Circle, Bemetara, District-Bemetara (C.G.) for the offence punishable under Sections 34(2), 59(A), 36, 34(1)(A) of the Chhattisgarh Excise Act. 2. According to the prosecution, on 07.02.2025, the Excise Circle ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.25 10:25:03 +0530 2 Bemetara received information from an informant about the illegal transportation of illicit liquor on Balsamund Kusmi Road. Following this tip, the excise team conducted a raid and stopped a vehicle bearing the number MP-09 GH-1676 on Balsamund Kusmi Road. Upon inquiry, they recovered 780 boxes of Goa whisky, totaling 7,020 bulk liters, from the vehicle. The Excise Circle Bemetara subsequently registered Crime No. 140/2025, charging the applicant with offenses punishable under Sections 34(2), 59(A), 36, and 34(1)(A) of the Excise Act. The applicant was arrested on 07.02.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for the offence under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has no criminal antecedents and he is in jail since 07.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court. He submits that the quantity of liquor seized from the possession of the applicant i.e. 7020 bulk liters of Goa whisky which is huge quantity. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 7020 bulk liters of Goa Whisky have seized from the possession of the applicant without any valid licence and no plausible explanation has been offered in this regard, furthermore, considering the gravity and seriousness of this case, it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant namely, Paijan Hussain, involved in Crime No.140/2025, registered at Police Station – Excise Circle, Bemetara, District-Bemetara (C.G.) for the offence punishable under Sections 34(2), 59(A), 36, 34(1)(A) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek