2015 (3) TMI 988 - HC - Indian Laws

Application for anticipatory bail - commission of offence punishable under Section 34(2) of the Chhattisgarh Excise Act,1915 - Held that - A plain perusal of Section 59A( i) of the Act, 1915 would show that no application for an anticipatory bail shall be entertained by any Court in respect of a person accused of an offence not holding a licence under the Act, or rules made thereunder who is accused of an offence covered by clause (a) or clause (b) of subsection (1) of Section 34 with quantity of liquor found at the time or in the course of detection of such offence exceeding five bulk litres. - Bearing in mind the statutory provisions contained in Section 59A( i) of the Act, 1915 and the principles of law laid down in cases of Naresh Kumar 2003 (9) TMI 762 - MADHYA PRADESH HIGH COURT and Rajamani (2015 (3) TMI 834 - SUPREME COURT) if the facts of present case are examined, it is apparent that offence has been registered against the present applicant under Section 34(1)(a) of the Act, 1915 as allegation of prosecution is that present applicant along with co-accused Suraj were transporting 17.28 bulk liters of country made liquor without licence and the applicant is the owner of said motorcycle which was seized in connection with crime in question and notice has been sent for initiating confiscation proceeding of the said vehicle. The applicant is also named in the FIR and investigation is at the initial stage and the applicant is not cooperating with the investigation, and as such, it cannot be held that ingredients of offence under Section 34(1)(a) is completely missing, entitling him to release on anticipatory bail and as such the bar encrafted by section 59A( i) of the Act to entertain application for anticipatory bail is squarely attracted. - Application of anticipatory bail is not entertainable for excise offence in view of Section 59A( i) of the Chhattisgarh Excise Act, 1915. - Decided against appellant.

Summary

Issues:
- Application for anticipatory bail under Section 438 of Cr.P.C.
- Interpretation of Section 34(1)(a) and Section 59A(i) of the Chhattisgarh Excise Act, 1915.
- Consideration of statutory provisions and case law on anticipatory bail for excise offences.

Issue 1: Application for Anticipatory Bail
The applicant filed for anticipatory bail under Section 438 of Cr.P.C. apprehending arrest in connection with a crime registered under Section 34(2) of the Chhattisgarh Excise Act, 1915. The prosecution alleged that the applicant and a co-accused were found carrying country-made liquor without authority of law, leading to the seizure of the liquor from the co-accused. The applicant claimed false implication and sought anticipatory bail based on the absence of Section 34(1)(a) Act, 1915 ingredients in the FIR.

Issue 2: Interpretation of Section 34(1)(a) and Section 59A(i)
The prosecution argued that the applicant, as the owner of the motorcycle involved in the incident, was transporting liquor without a license, thereby attracting Section 34(1)(a) provisions. The State contended that the quantity of liquor found exceeded 5 bulk liters, invoking Section 59A(i) to oppose anticipatory bail. The court examined the statutory provisions, emphasizing that Section 59A(i) bars anticipatory bail for persons accused of specific excise offences with liquor quantities exceeding five bulk liters.

Issue 3: Consideration of Statutory Provisions and Case Law
The court referred to the constitutional validity of Section 59A(i) in a previous MP High Court case, affirming its legality. The judgment highlighted the need to establish the basic ingredients of the offence to determine the applicability of Section 59A(i) and the availability of anticipatory bail. Additionally, a Supreme Court case underscored the importance of thorough investigations in excise-related offences to target all involved, not just carriers. Considering the facts of the case, the court found that the applicant's involvement in the offence under Section 34(1)(a) was evident, justifying the rejection of anticipatory bail under Section 59A(i) due to the liquor quantity involved and the societal impact of liquor-related crimes in Chhattisgarh.

In conclusion, the court rejected the anticipatory bail application, citing Section 59A(i) of the Chhattisgarh Excise Act, 1915, which prohibits the grant of anticipatory bail for excise offences with liquor quantities exceeding five bulk liters. The judgment emphasized the importance of upholding the law to combat liquor-related crimes in the state, ultimately denying the applicant's request for anticipatory bail.