1 2025:CGHC:13069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2176 of 2025 Pradeep Markandey S/o Shri Hemant Markandey Aged About 35 Years R/o Village- Munrethi, P.S. - Mandir Hasaud, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer Of Excise (Circle), Aarang, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sachin Nidhi, Advocate For Respondent(s) : Ms. Subha Shrivastava, 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.P-8 No. 248/24-25, registered at Police Station-Excise (Circle), Aarang, District- Raipur (C.G.) for the offence punishable under Sections 34(1)(a), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act. 2. The prosecution story in brief, is that, on 01.02.2025, as per secret MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.19 18:43:37 +0530 2 information from the informant, the Police of Police Station Excise (Circle), Aarang, District- Raipur (C.G.) searched the Fine Ash Bricks Plant Khapri in the possession of the accused and have seized 65000 pieces of foreign liquor whiskey liquor, totaling 1180 bulk litres of liquor, kept in 130 cartons and thereafter, the police arrested the applicant for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. The present applicant is a preacher of his candidate in gram panchayat election for his village and on the basis of political rivalry in the connivance of opposite party candidate, 4-5 police person has come to him and dragged out the present applicant to the police station where already a media personnel was there and liquor was already kept in the police station and on the basis of that the present applicant is being falsely implicated in the present aforementioned offences. 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 as per the deponent, the applicant has no previous criminal antecedents and he is in jail since 02.02.2025 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 not been filed before the competent Court and the quantity of liquor 3 seized from the possession of the applicant is total totaling 1180 bulk litres 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 fact 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 1180 bulk litres of foreign 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 Pradeep Markandey, involved in Crime No.P-8 No. 248/24-25, registered at Police Station-Excise (Circle), Aarang, District- Raipur (C.G.) for the offence punishable under Sections 34(1)(a), 34(2), 36 and 59(A) of the Chhattisgarh Excise Act, is rejected at this stage. 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