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Judgment
18 paragraphs · 287 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 12.12.2021 in connection with Crime No.245/2021 registered by Police Station Bahodapur Distt. Gwalior for
offence punishable under Sections 49-A, 34 of M.P. Excise Act.
According to the prosecution case, five liters of country made liquor has been seized from the possession of the applicant.
It is submitted by the Counsel for the State that FSL report has been received, according to which, five liters of country made liquor seized from the
possession of the applicant has been found to be unfit for human consumption. Further more, the applicant has criminal history and three more criminal
cases have been registered against him.
In reply, it is submitted by the Counsel for the applicant that it is incorrect to say that the applicant has a criminal antecedents.
Heard the learned Counsel for the parties.
In the rejection order itself, the Court below has given details of the criminal cases registered against the applicant, therefore, it appears that without
going through the rejection order spontaneous reaction was made by Shri Bharadwaj by submitting that applicant has no history.
Be that whatever it may be.
According to the prosecution case, five liters of country made liquor was seized from the possession of the applicant which was found to be unfit for
human consumption.
In view of the amended provision of Section 49-A of M.P. Excise Act, the minimum sentence is six months. The applicant is in jail from 12.12.2021
only.
In view of the FSL report as well as criminal antecedents, no case is made out for grant of bail. The application fails and is hereby dismissed.