1 2025:CGHC:743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1498 of 2024 Durgesh Dewani S/o Harish Dewani Aged About 27 Years R/o Parmat Ward No.06, P.S. Jaitahri, District - Annupur (M.P.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Sarswati Nagar Raipur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Y.C. Sharma Senior Advocate along with Mr. Sachin Nidhi, Advocate For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 220/2024, registered at Police Station – Sarswati Nagar, Raipur District - Raipur (C.G.) for alleged commission of offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. As per prosecution story, Police Station Sarswati Nagar, Raipur District - Raipur (C.G.) received secret information and on the basis of the said information conducted a raid and seized 163 bulk liters 2 of english liquor from the joint possession of the applicant and co- accused person, thereafter police ofÏcers registered offence punishable under Section 34(2) of the Chhattisgarh Excise Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that the charge-sheet has been submitted before the competent Court in the present case. He further submits that the present applicant having no relationships with the co-accused, but despite of that the name of the applicant has been added in the charge-sheet, therefore he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and has raised the preliminary objection regarding the maintainability of the present anticipatory bail for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, as per under Section 59(A) of the Chhattisgarh Excise Act, the present anticipatory bail application is not maintainable. 5. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court. 6. Considering the fact that as per under Section 59(A) of the Chhattisgarh Excise Act, the present anticipatory bail application is not maintainable and the learned counsel for the applicant could not waive out regarding the preliminary objection raised by the learned 3 State counsel. Therefore , I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Durgesh Dewani, filed under Section 482 of BNSS, 2023 involved in Crime No. 220/2024, registered at Police Station – Sarswati Nagar, Raipur District - Raipur (C.G.) for alleged commission of offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan