2011 (12) TMI 522 - HC - Central Excise

Summary

Issues:
Grant of anticipatory bail under Section 438 of Cr.P.C.

Analysis:
The petitioner filed a petition seeking anticipatory bail under Section 438 of Cr.P.C., claiming innocence and willingness to comply with any conditions. The allegations against the petitioner involved illegal tapping and selling of arrack, leading to the registration of a case under Sections 13(1)(c), 15, 32(1), 38(a) of Karnataka Excise Act. The charge sheet was filed after investigation, and the petitioner was reported as absconding, prompting the Trial Court to issue a warrant. The petitioner, having previously been granted anticipatory bail, approached the High Court seeking the same relief.

The petitioner's counsel argued that the petitioner was falsely implicated and should be granted anticipatory bail despite the issuance of a warrant by the Trial Court. On the other hand, the State Public Prosecutor contended that since the charge sheet had been filed, and the petitioner was absconding until the Trial Court issued a warrant, anticipatory bail should not be granted.

After considering the submissions, the key issue for the Court was whether the petitioner could be granted anticipatory bail. The Court noted the circumstances, including the seizure of liquor and related items, the filing of the charge sheet, and the petitioner's evasion of investigation until the Trial Court issued a warrant. Additionally, the Court highlighted that the petitioner had not utilized the earlier granted anticipatory bail. Consequently, the Court concluded that the petitioner could not be granted anticipatory bail and rejected the bail petition.