Ashish Hada And Others vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

Sub Inspector Ram Dayal Bairagi of the Police Station - Salsalai, Distric- Shajapur, present in person pursuant to the order dated 11.5.2026. When this Court asked repeatedly to the officer that what is the provision under Section 34(2) of MP Excise Act, the officer has said that it is a case of seizure of more than 50 bulk liters of liquor but he is not able to give exact requirement for invoking Section 34(2) of MP Excise Act. Such state of affairs about the knowledge of the officers who are registering FIR and investigating the cases is not proper.

Let the concerned authorities may look into the matter and take necessary corrective measures including giving proper training to the concerned officers about knowledge of legal provisions and if required to arrange periodical refresh programmes regarding the same. However, in the present case there is no previous conviction as found from the record, though Section 34(2) of Act is invoked against the present applicant, due to which, the precious time of the Court, police machinery for carrying out the investigation and thereafter concerned Courts for making various proceedings has been wasted. Prima facie, the ingredients of entire Section 34(2) of MP Excise Act are not satisfied in toto and therefore, this can be considered as sheer negligence on the part of concerned officer in discharging his duties and wasting precious time of the Courts. Learned counsel for the State has referred to order dated 16.9.2025 passed by the coordinate Bench in MCRC No. 37263/2025 (Pramod Thakur Vs State of MP) and has submitted that for invoking Section 34(2) of MP Excise Act, the issue is placed for consideration before Hon'ble the Chief Justice on administrative side.

Though this Court is of the opinion that exemplary cost of Rs. 5 Lakhs are required to be imposed on the concerned officer/investigation officer, however, considering the fact that the concerned officer is working on the post of Sub Inspector, therefore, this Court is restraining itself from imposing heavy cost by only imposing total cost of Rs 50,000/-. Out of the total amount, Rs. 25,000/- shall be deposited by the concerned investigating officer before Indore High Court Bar Association and Rs. 25,000/- shall be deposited before the MP Legal Services Authority Indore within seven days and produce the receipts before the Registry of this Court.

Registry shall send a copy of this order to the Superintendent of Police, District - Shajapur for necessary follow up and with an expectation that in future such negligence will not take place. Necessary directions may be issued to the concerned authorities. It is open for the counsel for the State to inform the higher authorities about such negligence so that proper directions can be issued.

This is first application filed by the applicants under Section 483 of BNSS, 2023 for grant of regular bail relating to Crime No. 283/2025 registered at Police Station- Salsalai, District - Shajapur (M.P.) for commission of offence punishable under Section 34(2), 46 of MP Excise Act.

As per prosecution story, the police force of Police Station -Salsalai, District - Shajapur conducted raid at the back side of house of applicants on 02/10/2025 to verify the secret information that the applicants are selling the illicit liquor. When the police force reached the spot, the applicants ran away from the spot. On search, 72 bulk litres of unauthorized county-made plain liquor and desi liquor was recovered and seized from the spot and the offence was registered against the applicant. During investigation, they were arrested on 28/04/2026.

Learned counsel for the applicants has submitted that applicants are innocent and they have not committed any offence. The illicit liquor was seized from the active, conscious, direct and immediate possession of the applicants. He has further submitted that the applicants are in custody since 28/04/2026. The applicants are not having any criminal antecedents. Charge sheet has been filed. Trial of the case will take considerable time. Therefore, it is prayed that applicants may be released on bail.

On the other hand, learned counsel for the State has opposed the prayer, however, he fairly submits that no criminal antecedent is reported against the applicants.

Heard the submissions and perused the case diary.

Having taken into consideration the facts and circumstances of the case and considering that the age of the applicants are aged around 48 & 19 years respectively, coupled with the fact that charge-sheet has been filed and trial will take a considerable time as well as the principle 'bail is the rule, jail is the exception' and also the provisions of Article 21 of the Constitution of India, without expressing any view on the merits of the case, I deem it a fit case to release the applicants on bail. Therefore, the application is allowed.

It is directed that applicants be released on bail, if they are not required to undergo imprisonment in any other offence, on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. Applicants shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. In addition to this, (1) Applicants will not act in any manner which influence the proceedings of trial or influence any of the witnesses; (2) They will not indulge in any criminal activity by misusing the liberty granted by this order; (3) They shall remain present at the time of trial without any default; (4) They shall make themselves available as and when required in trial; (5) They shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

If applicants are found involved in similar type of offence, it is open for the authorities to prefer application for cancellation of bail.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.