2025:CGHC:46370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5964 of 2025 Narendra Verma S/o Laxman Verma Aged About 35 Years R/o Village- Sonbhaththa, Out Post- Jalbandha, District- K.C.G. (C.G.). ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Out Post- Jalbandha, Police Station Khairagarh, 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 First 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) of the Chhattisgarh Excise Act. 2. The case of the prosecution in brief is that on the evening of 05/02/2025, Police, was out on patrol. During this time, he received VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 12:55:22 +0530 information from an informant that the applicant/accused, a resident of Village Sonbhaththa, along with his associate, was storing a large quantity of illegal liquor near the house of one Laxman Verma in their motorcycle. Upon verifying the information, and after issuing notices under Section 179 of the Bharatiya Nyaya Sanhita (B.N.S.) to the witnesses and taking them along, a raid was conducted at the spot. During the raid, from the possession of the accused persons, 3 cartons of Goa Whisky manufactured in Madhya Pradesh were recovered-totaling 550 bottles, each of 180 ml, total 101.700 bulk liters, with an approximate value of Rs. 76,275/-. When the accused was served with a notice under Section 94 of the B.N.S. to produce relevant documents for the liquor, he stated that he had no such documents. Thereafter, a seizure memo and a preliminary report (dehati nalisi) were prepared at the spot. The seizure proceedings were carried out, and samples of the liquor were collected for testing. Subsequently, the accused persons were taken into custody and their memorandum statements were recorded, wherein they admitted to having committed the aforementioned offense. During the investigation, based on the involvement of the applicant/accused and the other accused persons in the crime, FIR bearing Crime No. 47/2025 was registered. 3. The applicant is innocent and has been falsely implicated in the present case, as no country-made liquor was seized from his exclusive possession. Serious procedural lapses have occurred, including errors in preparing the seizure memo, absence of a 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 an early conclusion of the trial. No prima facie case is made out against him. It is further submitted that out of 17 prosecution witnesses, eight witnesses have already been examined. The applicant is a permanent resident of Village Sonbhaththa, District K.C.G. (C.G.), where his movable and immovable properties are situated, and 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 that the applicant may kindly be released on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that in the present case charge-sheet has been filed before the competent Court. He further submits that the illegal liquor to sale and and police has seized total 101.700 bulk litters liquor from the possession of the applicant. As such, 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 facts and circumstances of the case, the nature and gravity of the offence levelled against the applicant, and the fact that a huge quantity of liquor, i.e., 101.700 bulk liters of liquor, was seized from the possession of the applicant without any valid licence, for which no plausible explanation has been offered, and further considering the gravity and seriousness of the case, it cannot be treated as a case of false implication. Therefore, 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, Narendra Verma, involved in Crime No. 47/2025, registered at Police Station Jalbandha District – Khairagarh (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. 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. 9. 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