1 2025:CGHC:13403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2216 of 2025 Dinesh Kumar Sinha S/o Laibano Ram Sinha Aged About 40 Years R/o Village- Amlipadar, Police Station- Amlipadar, District- Gariyaband (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Amlipadar, District- Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 05/2025, registered at Police Station Amlipadar, District- Gariyaband (CG) for the offence punishable under Sections 34(2) of Chhattisgarh Excise Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that, on 23.01.2025, as per secret information received from the informant that one person is transporting liquor in Ertiga Vehicle bearing registration No.CG-23- J-9643 from Odisha, on the basis of that the concerned Police Station 225.865 bulk liters of foreign liquor from the illegal possession fo applicant, thereafter, alleged offence has been registered against the applicant and subsequently he has been arrested. Hence, the bail application. 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. He further submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that after preparation of seizure memo, the memorandum statement of applicant has been recorded and on the basis of that seizure of 126.49 liters of foreign liquor has been recovered and rest of quantity has been seized from river, which is near Anshika Petrol Pump, further the applicant has no criminal antecedent and he is in jail since 23.01.2025 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 and the quantity of liquor seized from the possession of the applicant i.e. 225.865 bulk liters 3 of foreign 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 applicants and the fact that in the present case charge-sheet has been filed before the competent Court and a huge quantity of liquor, totaling 225.865 bulk liters 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 Dinesh Kumar Sinha, involved in Crime No. 05/2025, registered at Police Station Amlipadar, District- Gariyaband (CG) for the offence punishable under Sections 34(2) of 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. Sd/- (Ramesh Sinha) Chief Justice Akhil