JUDGMENT 1. - All these petitions may be conveniently disposed of by a common order as they relate to liquor tragedy cases of Fatehpur-Shekhawati area. 2. In the aforesaid liquor tragedy, 31 persons are reported to have lost their lives and about 105 persons were seriously injured, some of them have lost their vision or have become disabled on account of paralysis as they had consumed spurious liquor which was purchased by them from various shops in the area belonging to liquor contractors. It was a man-made tragedy by greedy persons who prepared spurious liquor in illegal manner. Most of the victims are poor villagers. The disturbing feature of the episode in that liquor was sold in the town of Fatehpur or nearby villages on unauthorised shops and it must be in the knowledge of the officers of the Excise Department, but no action was taken by them to check and stop illegal liquor trade from unauthorised shops. I have been informed by the learned Advocate-General that these unauthorised shops were running since April, 1993 or so by the liquor contractors M/s. Ashoka and party and their persons. It was also admitted by the learned Advocate-General that from the record, it appears that no checking of these shops was made by the concerned Excise Officers and they were allowed to run their shops, without observing various restrictions imposed by Rajasthan Excise Act or Rules framed thereunder. It also appears that the local contractors and their men were given full freedom by the Excise Department to sell liquor in any manner they liked. Prima facie, the facts go to show that the entire Excise Department was in league with mighty liquor contractors. Had the Officers of Excise Department been sincere towards their duties and had checked unauthorised liquor trade from the unlicensed shops, perhaps this unfortunate tragedy could have been averted. I am not aware whether they are being prosecuted or not for their negligence, but the State Government and the investigating agency are expected to look into the matter seriously and there should be no hesitation in launching prosecution against them if, on inquiry/investigation, they were found criminally liable. If such erring officers are prosecuted for their negligence, it would be an eye-opener to others to be vigilant and accountable towards their duties. 3. If such erring officers are prosecuted for their negligence, it would be an eye-opener to others to be vigilant and accountable towards their duties. 3. At this juncture, I cannot restrain to express my anguish and say that prompt and timely action was not taken by the local police also, on getting information of consumption of spurious liquor and miscreants were allowed to destroy important pieces of evidence. A prompt and secret search could have helped to recover and seize spurious liquor and the chemicals used in preparing the same from the godowns and other places where they were stored or illegally prepared. The subsequent investigation is also far from being satisfactory and during the course of arguments, some lacunae in the investigation were pointed out to the learned Advocate-General. Whether those lacunae were deliberate or due to incompetency of the investigating agency, but one thing is clear that before filing charge-- sheets against the accused persons, the investigating agency did not apply its mind as to how the offences under Sections 302, 304 or 328, Indian Penal Code, were prima facie made out against the accused-- persons. The entire case is based on circumstantial evidence and if the investigating agency had applied its mind to the ingredients of the above offences, it would have collected some evidence for drawing an inference that they had the requisite intention or knowledge of committing the offences. Unfortunately, the investigating agency is satisfied simply by filing charge- sheets, being unmindful, whether the evidence collected and relied upon by it, was sufficient or not to prima facie made out the offences under Sections 302, 304 or 328, Indian Penal Code. 4. Be that as it may, a court of law has to proceed on facts, without being influenced or prejudiced on sentiments. 5. The facts may be resumed now. The liquor licence for sale of country and Indian made foreign liquor for Sikar District, which includes Fatehpur Shekhawati area, where the tragedy took place, was given to M/s. Ashoka and party for the year, 1993- 94. The party consisted of S/Shri Ashok, Ranjeet Singh, Jodha Ram, Sohan Lal Kalal, Sint. Kalawati and Smt. Shahjadi Nisha. However, it appears that the business in Fatchpur Shekhawati area was under control and supervision of the accused petitioner Vijay Kumar Briju. For the village people, he was the contractor of the area. The party consisted of S/Shri Ashok, Ranjeet Singh, Jodha Ram, Sohan Lal Kalal, Sint. Kalawati and Smt. Shahjadi Nisha. However, it appears that the business in Fatchpur Shekhawati area was under control and supervision of the accused petitioner Vijay Kumar Briju. For the village people, he was the contractor of the area. Some of the account books, which have been seized by the investigating agency, also show that he was the main figure in managing and supervising the liquor business in that area. He used to arrange and supply liquor bottles to various retail shops; and on unauthorised shops, persons of his confidence were engaged as sales - men. The liquor contractors, after getting licence, established retail liquor shops in various villages and the town of Fatehpur and most of them were unauthorised. The liquor bottles were supplied by the Excise Department, which were manufactured in Ganganagar Sugar Mills. It appears that from the month of July, 1993, there was a short supply of liquor due to fall in manufacture. 6. From the investigation, it has Coale into light that the petitioner Vijay Kumar @ Briju had decided to prepare illicit spurious liquor with the help of the employees/persons of his confidence. In order to give effect to the idea of preparing spurious liquor, he contacted with Anil Kumar Dhaka at Delhi and they purchased some chemicals from M/s. Darbar Chemicals and the same were sent in 16 drums at Fatchpur Shekhawati through Kamdar Transport Company, Delhi. The drums were unloaded at Tiwari Transport Company, Fatchpur, which is owned by the petitioner-Devki Nandan. From Tiwari Transport Company, the drums were taken by the men of the petitioner- Vijay Kumar @ Birju. It is stated that the said chemicals were used in preparing spurious liquor by the petitioner- Vijay Kumar, Suresh, Kudaram and Mahesh. The spurious liquor was filled in bottles, which were supplied to various retail shops for sale. The petitioners- Sohanlal, Narain Singh and Abdul Aziz were salesmen on the retail shops, from where spurious liquor was purchased by the villagers for their consumption. This is how the tragedy took place, causing death of 31 persons and seriously injuring 105 persons. In all, six cases were registered at Police Station, Kotwali and Sadar Fatchpur Shekhawati. As timely search/seizure was not made, the miscreants succeeded in destroying the bottles, containing spurious and poisonous liquor. This is how the tragedy took place, causing death of 31 persons and seriously injuring 105 persons. In all, six cases were registered at Police Station, Kotwali and Sadar Fatchpur Shekhawati. As timely search/seizure was not made, the miscreants succeeded in destroying the bottles, containing spurious and poisonous liquor. 600 such bottles are said to have been destroyed on a by- pass going to Mandana. The chemicals and the poisonous liquor, which were stored in the godown, were thrown in gutter and the drums were also removed from that place. Thus, important pieces of evidence were either destroyed or removed by the miscreants and the investigating agency had to remain satisfied by making seizure of earth, which was found wet. 7. The petitioner- Narain Singh was arrested in FIR No. 53/93, Police Station, Sadar Fatehpur; the petitioner Abdul Aziz was arrested in FIR No. 88/93, Police Station Kotwali-Fatehpur, while the petitioner-Sohan Lal was arrested in FIR No. 55/93, Police Station, Sadar-Fatehpur. All these cases have been registered under Sections 302, 304, 328 and 120-B, Indian Penal Code as well as, under Sections 54, 61, 63 and 31-C of the Rajasthan Excise Act. The petitioner- Vijay Kumar @ Birju is accused in all the six cases. The petitioner Devkinandan has been arrested in FIR No. 88/93, as being the owner of the Transport Company at Fatehpur, where the drums were unloaded. 8. On behalf of the petitioners, the principal contention is that there is no material or evidence on the record to draw an inference that the petitioners had requisite intention or knowledge to cause death by doing any act or with the knowledge that they were likely to cause death by such act. Reliance was placed on Sections 299 and 323, Indian Penal Code, to show that the intention or knowledge is a pre-requisite condition on the part of the offender to make him criminally liable. It was also contended that the three petitioners, namely, Narain Singh, Abdul Aziz and Sohan Lal were only salesmen and they sold the liquor bottles, which were supplied to them by Vijay Kumar @ Birju and his men and, as such, they could not have any knowledge that the bottles contain spurious and poisonous liquor. It was also contended that the three petitioners, namely, Narain Singh, Abdul Aziz and Sohan Lal were only salesmen and they sold the liquor bottles, which were supplied to them by Vijay Kumar @ Birju and his men and, as such, they could not have any knowledge that the bottles contain spurious and poisonous liquor. Therefore, it was contended that by this sole circumstance that they were salesmen on the retail shops, no criminal liability for the offence under Section 304 or 328, Indian Penal Code, can be fastened on them. 9. I have given my careful and anxious consideration to the above submissions. Sections 299 and 328, Indian Penal Code, are reproduced as under:- "S. 299-Culpable homicide - Whoever causes death by doing an act with the intention or causing death or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide." S. 329 - Causing hurt by means of poison, etc. with intent to commit an offence - Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine." 10. A look at the aforesaid Sections shows that there should be intention or knowledge on the part of the accused to cause death or hurt. In a case like the present one, the person, who supplied or sold the liquor bottles, should have the knowledge that the liquor contained in the bottles is spurious and injurious to life and, in the absence of this evidence, the offence under Section 302, 304 or 328, Indian Penal Code, may not be prima facie made out. It is true that it is difficult to get direct evidence in this respect and such intention or knowledge has to be inferred from the facts and circumstances of the case. It is true that it is difficult to get direct evidence in this respect and such intention or knowledge has to be inferred from the facts and circumstances of the case. For this purpose, the investigating agency is required to collect such material or evidence, on basis of which, the requisite inference can be drawn to make them liable for the offences under S, 304, 302 or 328, Indian Penal Code. In the instant case, if the investigating agency had been vigilant, it could have collected such evidence, on the basis of which, an inference was possible that the salesmen were having the knowledge that the bottles sold by them were not containing genuine liquor. Presently, it cannot be disputed that the alcohol was poisonous, as the report of chemical examination of viscera and two bottles, which were seized with liquor, contained methyl alcohol, which has been opined by the doctor to be poisonous. Conversion of denaturants into resnaturants in possible by illicit process and this process yields large profits to the manufacturers. In this connection, reference may be made to the report of Baweja Committee. The consumption of such illicit liquor may cause death or serious harm to the consumers, who are from weaker sections of the society. Sufferers of such a tragedy are wailing workers, weeping wives and crying children when earing member of their family dies. Krishna Iycr. J. rightly observed in P. N. Kaushal's cases : "There is indeed great deal of attempts made on the part of the some wrong utilisation of alcohol and thereby endangering the community and people at large." 11. In order to safeguard the misuse of alcohol, preparing of spirit and country liquor upto the stage of final bottling in various distilleries in State of Rajasthan, the Excise Department, through its Officers is required to carefully watch the process of manufacturing of spirit and the liquor. The various provisions of the Rajasthan Excise Act and the Rules provide such safeguards, but, still,spurious liquor is prepared by greedy persons to earn more money. In the present case, so far as Vijay Kumar @ Birju is concerned, there is enough material on record that he was the main figure and master mind in procuring chemicals and preparing spurious illicit liquor. It was he who supplied the spurious liquor in bottles at various retail shops to be sold to the consumers. In the present case, so far as Vijay Kumar @ Birju is concerned, there is enough material on record that he was the main figure and master mind in procuring chemicals and preparing spurious illicit liquor. It was he who supplied the spurious liquor in bottles at various retail shops to be sold to the consumers. Hence, it cannot be said that he did not commit the offence under section 304 or 328, Indian Penal Code. Otherwise also, his release would seriously prejudice the prosecution case. Most of the prosecution witnesses are his employees or otherwise related or acquitted (sic acquainted) persons and once he is released on bail, none of them would depose against him during the trial. Consequently, he is not entitled to be released on bail and his bail application under Section 439, Criminal Procedure Code, is, hereby, dismissed. 12. So far as three salesmen, namely, Narain Singh; Abdul Aziz and Sohan Lal are concerned, the evidence on record is that they sold the bottles containing liquor to the consumers and those bottles were supplied to them by Vijay Kumar @ Briju or his men. Similarly, against Devkinandan-petitioner, the only evidence is that 16 drums transported by M/s. Karndar Transport Company, Delhi, were unloaded in his godown, from where they were handed over to Vijay Kumar @ Briju. A pointed question was asked to the learned Advocate-General whether there is any material or evidence, which has been collected by the investigating agency to prima facie establish that the salesmen were having the knowledge that the bottles sold by them contained spurious liquor, which was poisonous. Learned Advocate-General was also asked as to why the investigation agency submitted a charge sheet against them under sections 302, 304,328 and 120-B, Indian Penal Code, without collecting any further evidence, on the basis of which an inference could be drawn that they were having the knowledge or could have the knowledge that the liquor bottles sold by them contained spurious liquor ? It appears that the investigating agency wanted to absolve itself from the accountability in a sensitive case by submitting a charge-sheet under Sections 302, 304 or 328 and 120-B, Indian Penal Code, by giving impression to the public that they have done their duty, but the courts failed by granting bail to the accused or ultimately discharging or acquitting them. It appears that the investigating agency wanted to absolve itself from the accountability in a sensitive case by submitting a charge-sheet under Sections 302, 304 or 328 and 120-B, Indian Penal Code, by giving impression to the public that they have done their duty, but the courts failed by granting bail to the accused or ultimately discharging or acquitting them. Learned Advocate- General could not point out a single circumstance against these persons, except that they sold the liquor bottles which were supplied to them by their employer Vijay Kumar @ Briju. Similarly, the evidence against Devkinandan is to the extent that he gave delivery of the drums to Vijay Kumar. In his case also, no effort was made to procure any evidence to establish that he was having some link with Vijay Kumar @ Briju in making a plan or preparing illicit liquor or that he was having knowledge that the drums contained such chemicals which would be used for preparing spurious liquor. In the absence of any material on the record, this Court is left with no option but to release the petitioners-Narain Singh, Abdul Aziz, Sohan Lal and Devki Nandan on bail under section 439. Cr. P.C. The charge sheets have been filed against them and they are in judicial custody and, as such, their detention is no more required for investigation. 13. Consequently, petitioners-Narain Singh, Abdul Aziz, Sohan Lal and Deoki Nandan are ordered to be released on bail under Section 439, Cr. P.C., provided each one of them furnishes a personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) with two sureties in the sum of Rs. 25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Sessions Judge, Sikar, for their appearance in that Court or any other Court on all subsequent dates of hearing and as and when called upon to do so during the pendency of inquiry/trial, against them, as the case may be. Their bail shall also be subject to the following conditions. : (i) that they will not sell any kind of liquor on any liquor shop or otherwise, without prior permission of the trial Court; (ii) that they will not leave the State of Rajasthan without prior permission of the trial Court; and (iii) that they will not tamper with the prosecution evidence. : (i) that they will not sell any kind of liquor on any liquor shop or otherwise, without prior permission of the trial Court; (ii) that they will not leave the State of Rajasthan without prior permission of the trial Court; and (iii) that they will not tamper with the prosecution evidence. If any of the aforesaid conditions is violated by any of the petitioners, it will be open for the trial Court to cancel his bail in accordance with law, without making any reference to this Court. 14. Before parting with, I would like to express my concern that the investigating agency has not succeeded in arresting other accused, who are involved in the commission of the offences. Some of them are mighty and influential persons, who were beneficiaries from the sale of illicit liquor. The leniency shown to them is aweful. I hope and trust that the investigating agency shall take all possible steps to arrest all other accused person, howsoever mighty or influential he or she may be. The Investigating Officer shall also be careful in making proper investigation against them in the light of the discussions, which were made in his presence, during the course of arguments. He should not forget that any leniency to the offenders in a case like the present one and any lacuna in the investigation shall be a deceit to the society. 15. A copy of this order be sent to the Chief Secretary, Government of Rajasthan, for doing needful, in the light of the observations made above.Bail Application No. 269/94, Dismissed other Bail Applications allowed. *******