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2025 DAILYLAW 36446 (CHH)

DUJRAM VERMA v. STATE OF CHHATTISGARH

MCRC/5969/2025 · 2025-09-09

Transfer Petitionbody2025

Judgment text

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2025:CGHC:46371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5969 of 2025 Dujram Verma S/o Awadh Ram Verma Aged About 36 Years R/o Village- Sonbhaththa, Tahsil- Khairagarh, District- K.C.G., C.G. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Out Post- Jalbandha, District- K.C.G., C.G ... Respondent For Applicant : Mr. Veer Verma, Advocate. For Non-Applicant/State : Ms. Monkia Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.47/2025, registered at Police Station : Jalbandha District – Khairagarh (C.G) for the offence punishable under Section 34(2) & 42 of the C.G. Excise Act. 2. The earlier anticipatory bail application of the applicant was rejected by this Court vide order dated 03.03.2025 in MCRC No. 1622 of 2025 on merits. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 12:55:23 +0530 3. The case of the prosecution in brief is that on 05/02/2025 in the evening at about 16:20 hourn, Sub-Inspector Birendra Kumar of Police Outpost Jaalbandha, Police Station information from an informant that the accused Khairagarh received Narendra Verma, a resident of village Sonbhattha, had kept a large quantity of illegal liquor hidden under the stairs at the house of applicant/accused Dujaram Verma for the purpose of sale. After verifying the information, an memorandum WILS informant prepared, and with the assistance of the staff and witnesses Pranjal Singh and Ramji Verma, a raid was conducted at the mentioned location. During the raid, from the possession of the accused persons, a total of 565 bottles of Goa. Whisky (manufactured in Madhya Pradesh) were recovered from 12 khaki-colored cartons, total 101.700 bulk liters of liquor worth Rs. 76,275/-. When the accused were issued a notice under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to produce the necessary documents related to the liquor, they stated that they did not have any such documents. Subsequently, a search and seizure memorandum was prepared at the scene and the liquor was seized. Samples were taken from the seized liquor for examination. Upon returning to the police station, a First Information Report bearing Crime No. 47/2025 was registered against the applicant. 4. The applicant is innocent and has been falsely implicated in the present case, as no country-made liquor was seized from his exclusive possession and serious procedural lapses have occurred, including errors in preparing the seizure memo, absence of measurement panchnama, and lack of proper physical or chemical testing. The mandatory provisions were not followed, making the seizure itself doubtful. The applicant has been in custody since 05.02.2025, the charge-sheet has already been filed, and there is no likelihood of early conclusion of trial. No prima facie case is made out against him. He is a permanent resident of Village Sonbhaththa, District K.C.G. (C.G.), with movable and immovable property there, hence there is no probability of absconding. The applicant is ready to furnish adequate surety and shall abide by all conditions imposed by this Hon’ble Court while granting bail. Therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, the learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that the police seized 101.700 bulk liters of illegal liquor from the possession of the applicant intended for sale. As such, he is not entitled to the grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and the fact that in the present case the charge-sheet has not yet been filed before the competent Court, however, a huge quantity of 101.700 bulk liters of illegal liquor has been seized from the possession of the applicant without any valid license, and no plausible explanation has been offered in this regard, this Court, without expressing any opinion on the merits of the case and noting that no new ground has been raised, and further looking to the seriousness of the allegations against the present applicant, is of the considered opinion that the second bail application of the applicant deserves to be rejected. 8. Accordingly, the second bail application of the applicant namely, Dujram Verma, involved in Crime No.47/2025, registered at Police Station : Jalbandha District – Khairagarh (C.G) for the offence punishable under Section 34(2) & 42 of the C.G. Excise Act, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of three months from the date of receipt of a certified copy of this order if the same has already not concluded further if there is no legal impediment. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav