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TMI Blog2015 (3) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... im on anticipatory bail. 2. The case of the prosecution, in brief, is that the applicant and co-accused Suraj were found carrying 17.28 Bulk liters of country made liquor in the motorcycle on 01.09.2014 without authority of law which was seized from the co-accused Suraj. 3. Shri Awadh Tripathi, learned counsel appearing for the applicant would submit that no ingredients of Section 34(1)(a) of the Act, 1915, is available against the applicant in the first information report/complaint as he has falsely been implicated in the case, and therefore, bar of anticipatory bail as provided under Section 59A (i) of the Act, 1915, is not attracted and he is entitled for anticipatory bail. 4. Per contra, Shri Neeraj Jain, learned Govt. Advocate appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Yuvraj Motors, Dongargarh, Rajnandgaon. That, the present applicant has been named in the FIR recorded on 01.09.2014 alleging that on noticing the police party, the present applicant ran away from the spot and liquor in question was seized from the possession of co-accused Suraj. That, seized article was found to be liquor on examination. That, steps have been taken for confiscation of seized vehicle. 7. At this stage, it would be proper to notice certain statutory provisions, particularly, Section 34 and 59A( i) of the Act, 1915, which reads as under: "34. Penalty for unlawful manufacture, transport, possession, sale etc. (1) Whoever, in contravention of any provisions of this Act, or of any rule, notification or order make or iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 2 of 1974) or Section 59 of the Act,- ( i) no application for an anticipatory bail shall be entertained by any Court in respect of a person accused of an offence punishable under Section 49A or in respect of a person not being a person 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 5 liquor found at the time or in the course of detection of such offence exceeding five bulk litres." 8. 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 rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssession of liquor would not be entitled to the benefit of the provision of Section 438 of the Code, but the rider is there as the quantity has been provided. Nobody is expected to carry 50 bulks of liquor for personal consumption. It can not be thought that a person who carries liquor for personal use would carry 50 bulks of litre of liquor. Thus the quantity makes a distinction. Section 49A deals with different situation altogether. It is concerned with spurious liquor. Any one who deals with spurious liquor in fact deals with poison meant for collective. Both the provisions in our considered view constitute a separate and special class of offence. The liquor tragedy which bring a chill in the spine of the collective can not be ignored. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra) while dislodging the decision of this Court the Apex Court held that Section 18 of the SC & ST (Prevention of Atrocities) Act, 1989, wherein Section 18 debars the applicability of Section 438 of the Code the Apex Court held that looking to the historical background relating to the untouchability which lead to the commission of such offences against the SC and ST there is justification of apprehension that if the benefit of anticipatory bail is made available to the person who has allegedly committed the offence there is possibility of terrorising of the victim and affect the system. Keeping in view the totality of scenario, Their Lordships held that Section 18 of the aforesaid statute is not violative of Article 21 of the Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gets caught while the sharks who flourish in such trade often go Scotfree. The arrest and prosecution of the carriers of contrabands is in that view mere lip service to the avowed purpose underlying the legislation. No reason is forthcoming in the present case why no effort was made by the Investigating Agency to expose the racketeers without whose support and involvement such a big consignment of spirit could not have been purchased nor its transportation arranged." 12. 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 and Rajamani (Supra) if the facts of present case are examined, it is apparent that offence has been registered against the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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