1 2026:CGHC:20511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 649 of 2026 Tinku Dutta S/o Shri Varun Dutta Aged About 30 Years R/o Village- Hitawar, Thana- Kuakonda, District- Dantewada (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Dantewada, Distt.- Dantewada (C.G.) ... Non-Applicant For Applicant : Mr. Sahil Sahu, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 01.05.2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 13/2026, registered at Sub Police Station – Dantewada, District - Dantewada (C.G.) for alleged commission of offence punishable under Sections 34(2) and 36 of the C.G. Excise Act. 2. The prosecution case, in brief, is that on 01.02.2026, acting on secret information, the police intercepted and followed a pickup vehicle bearing registration No. CG/18/R/0439 and another vehicle bearing No. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.02 11:16:56 +0530 2 CG-18-Q-0332. Upon being signaled to stop, the drivers allegedly abandoned the vehicles and fled from the spot. Upon search of the vehicles, the police allegedly recovered 31 boxes of Goa liquor amounting to 279 bulk liters, along with 36 bulk liters of super strong beer from one vehicle. From the van, 10 boxes of Goa liquor totaling 90 bulk liters were seized, and from a scooty, 1 box containing 9 bulk liters of Goa liquor was recovered. In total, 414 bulk liters of liquor were seized at the spot. Subsequently, on 03.02.2026, co-accused Guddi Ann was arrested and taken into custody. His memorandum statement was recorded, in which he named the present applicant, alleging that the applicant was also involved in transporting the liquor along with other accused persons. On this basis, the police have implicated the present applicant as an accused and have sought to arrest him. 3. The learned counsel for the applicant has argued that the applicant is completely innocent and has been falsely implicated in the present case. It is further submitted that no any illicit liquor or any other articel was seized from the possession of the applicant. It is submitted that there is no specific allegation against the present applicant regarding the purchase or sale of the alleged illicit liquor. Furthermore, there is no material on record to suggest that the applicant was in contact with either the driver or the owner of the vehicles in question. The prosecution agency, merely on the basis of suspicion and solely relying upon the memorandum statement of the co-accused, is attempting to implicate the present applicant in the alleged commission of the offence, which is impermissible in law and devoid of any substantive evidentiary support. Therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel raised a preliminary objection regarding the maintainability of the present anticipatory bail application as the same is not maintainable in view of the provisions contained in Section 59-A of the Chhattisgarh Excise Act, and submits that therefore, the present anticipatory bail application of the applicant is liable to be rejected on this ground alone. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Learned counsel for the applicant could not waive out the preliminary objection raised by the learned State counsel, hence, the present anticipatory bail application of the applicant – Tinku Dutta, filed under Section 482 of the B.N.S.S., 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 13/2026, registered at Police Station – Dantewada, District - Dantewada (C.G.) for alleged commission of offence punishable under Sections 34(2) and 36 of the C.G. Excise Act, is dismissed as not maintainable, in view of Section 59-A of the Chhattisgarh Excise Act. Sd/- (Ramesh Sinha) Chief Justice Preeti