Mukesh Rai Vs State Of Jharkhand

Jharkhand High Court 8 Dec 2023 A.B.A. No. 9968 Of 2023 (2023) 12 JH CK 0015
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

A.B.A. No. 9968 Of 2023

Hon'ble Bench

Gautam Kumar Choudhary, J

Advocates

Neeta Krishna, S.K. Tiwari

Final Decision

Allowed

Acts Referred
  • Jharkhand Excise Act, 1915 - Section 47(a), 47(b), 47(d), 47(f), 52(d), 55
  • Code Of Criminal Procedure, 1973 - Section 41A, 438(2)

Judgement Text

Translate:

Gautam Kumar Choudhary, J

Apprehending his arrest, the petitioner named above has moved this Court for grant of anticipatory bail in connection with Complaint Case No. 2120 of 2023 for the offence under Sections 47(a), 47(b), 47(d), 47(f), 52(d), 55 of Jharkhand Excise Act, pending in the court of A.C.J.M., Ranchi.

Heard the parties.

As per the prosecution case, 713.88 litres of foreign liquor and some empty bottles were seized from three vehicles which were parked in the premises of the company namely, Tarangini Liquors Pvt. Foreign Liquor Manufacturing Plant. The petitioner is the owner of Tata Container having Registration No. HR 67A 2015 which was found loaded with empty bottles of different sizes of AC Black Whisky kept in 300 bags and 100 boxes.

It is submitted by learned counsel for the petitioner that the petitioner is the transporter and Tarangini Liquors Pvt. Foreign Liquor Manufacturing Plant is a valid license manufacturing unit and the empty bottles were being transported to the said manufacturing unit for bottling of liquor being produced from the said unit.

The Addl. P.P. opposed the prayer for bail.

Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under section 438 (2) Cr. P.C.

The petitioner will cooperate in the investigation and will appear on notice under Section 41A of Cr. P.C.

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