1 2025:CGHC:13065 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2190 of 2025 Zakir Hussain S/o Mohammed Hussain Aged About 46 Years R/o 635, Ward No. 7, Indore Road, Saver Indore, Dist- Indore (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through Excise Sub-Inspector, State Level Flying Squad, Raipur Dist- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.398/2025, registered at Police Station-State Level Flying Squad, Raipur Dist- Raipur (C.G.) for the offence punishable under Sections 34(2), 59(A) and 36 of the Chhattisgarh Excise Act. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.19 18:43:38 +0530 2 2. The prosecution story in brief, is that, on 07.02.2025 State Level Flying Squad, Raipur, Dist-Raipur (C.G.) received the information from the informant that there is illegal transportation of illicit liquor over the Raipur Simga National Highway-130 thereafter the Flying Squad after completing all the formalities reached near one Taj Dhabha where one Tata LPT Vehicle bearing No. WB-25-K-8424 was found and during inquiry total 775 boxes of Goa whisky total quantity 6975 bulk liter was recovered from the vehicle and the applicant was arrested on 07.02.2025. The State Level Flying Squad, Raipur, Dist-Raipur (C.G.) has registered the Crime No. 398/2025 for the offence punishable under Section 34 (2), 59 (A), 36 of Excise Act and arrested the applicant on 07.02.2025. 3. Learned counsel for the applicant submits that the applicant is the driver of the container/vehicle and the alleged liquor has been seized from the sealed container, that the applicant was not aware about the article loaded in the vehicle/container and he was only complying the order of the manager of the transport company and has been falsely implicated in the present case and the seized liquor does not belong to the applicant and he has not committed any offence as alleged against him. Further, the mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years 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. 3 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has not been filed before the competent Court and the quantity of liquor seized from the possession of the applicant is total 6975 bulk liter of liquor. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case, though the charge-sheet has not been filed before the competent Court, but a huge quantity of liquor, totaling totaling 6975 bulk liter of liquor was 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 and 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 Zakir Hussain, involved in Crime No.398/2025, registered at Police Station-State Level Flying Squad, Raipur Dist- Raipur (C.G.) for the offence punishable under Sections 34(2), 59(A) and 36 of the Chhattisgarh Excise Act., is rejected at this stage. 4 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 Manpreet