1 2025:CGHC:37713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5046 of 2025 • Sanjay Daswani S/o Shri Heeranand Daswani Aged About 47 Years R/o Simran Residency, H-22, Daldal Sivni, Near Sbi Bank, P.S. Mowa Pandri Raipur District Raipur Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Excise Circle Pandri, District Raipur Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Goutam Khetrapal, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.58/2025 registered at Police Station Excise Circle Pandri, District-Raipur (C.G.), for the offence punishable under Section 34(2) and 59-A of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that police of Excise Circle Pandri, District- Raipur (C.G.) have seized 104.25 bulk liters of different types of foreign made liquor from the possession of the present applicant, thereafter the applicant has been arrested by the police. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.07 11:24:20 +0530 2 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 Chhattisgarh 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 16.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State would opposes the bail application and submits that the charge-sheet has not been filed in the present case before the competent Court however, the quantity of liquor seized from the possession of the applicant i.e., 104.25 bulk liters of different types of foreign made liquor, 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 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 charge-sheet has not been filed before the competent Court, however, a huge quantity of liquor i.e.,104.25 bulk liters of different types of foreign made liquor 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 opinion that this is not a fit case to enlarge the applicant on regular bail. 3 7. Accordingly, the bail application of the applicant- Sanjay Daswani filed under Section 439 of the Cr.P.C., involved in Crime No. 58/2025 registered at Police Station Excise Circle Pandri, District Raipur (C.G.), for the offence punishable under Section 34(2) and 59-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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice vaishali