1 2025:CGHC:18369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3072 of 2025 Jagan Lal Gandharv S/o Gaurishankar Gandharv Aged About 47 Years R/o Village- Gobri, P.S. Pachpedi, District Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, P.S. City Kotwali Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2025 1. Proceedings of this case have been taken through video conferencing. 2. 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.134/2025, registered at Police Station- City Kotwali Balodabazar, District-Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 3. The prosecution story in brief, is that on 07/02/2025, on the basis of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 secret information received from the informant to head- constable, P.S. City Kotwali Balodabazar staff reached to the spot mentioned by the informer where vehicle No CG22C0292 was driven by the accused was stopped, checked and confiscated 150 bulk liters of country made liquor. Thereafter, the police issued notice under Section 94 of B.N.S.S. to the accused to produce necessary documents regarding the same but no documents was submitted by the accused with respect to confiscated liquor. On the basis of which the applicant was arrested by the Police of Police Station City Kotwali Balodabazar, Dist- Balodabazar-bhatapara (C.G.), for the alleged offence punishable under Section(s) 34(2) of the C.G. Excise Act. 4. 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 antecedent 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. 5. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, the matter is under investigation however, the quantity of liquor seized from the possession of the applicant i.e. 150 bulk liters of country made liquor which is huge quantity. Hence, he is not entitled for grant of 3 bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. 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, the matter is under investigation however, a huge quantity of liquor, i.e. 150 bulk liters of country made liquor has been 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. 8. Accordingly, the bail application of the applicant namely Jagan Lal Gandharv involved in Crime No.134/2025, registered at Police Station- City Kotwali Balodabazar, District-Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 . Kunal