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2015 (3) TMI 988 - HC - Indian LawsApplication 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.
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