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Judgment
15 paragraphs · 284 wordsK.Haripal, J
The sole accused in crime No.117/2021 of Kumbala Excise range, which was registered alleging offence under Sections 58 and 67(b) of the Abkari
Act, seeks anticipatory bail under Section 438 of the Cr.P.C.
It is alleged that on 27.06.2021 at 6 p.m., the Excise officials intercepted the petitioner on a motor cycle carrying 5.76 litres of Karnataka make
Indian made foreign liquor in 32 tetra packets of 180 ml each. Seeing the Excise party, he left from the place leaving the contraband.
The learned counsel for the petitioner submits that he is innocent, that he has no criminal antecedents. The learned Public Prosecutor also endorsed
the latter submission. Petitioner is the registered owner of the motor cycle. Now the motor cycle and the contraband have already been seized under a
mahazar. In the circumstances, his custodial interrogation is not necessary. He does not have criminal antecedents. Moreover, offence under Sections
58 and 67(b) of the Abkari Act do not prescribe any statutory minimum substantive sentence and hence the embargo under Section 41A of the Abkari
Act is not attracted.
Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for
interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent
sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or
influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
This bail application is allowed as above.