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2002 DIGILAW 16 (CHH)

PURAB SINGH MUNNA v. STATE OF CHHATTISGARH THROUGH DIVISIONAL EXCISE FLYING SQUAD, RAIPUR

2002-02-13

K.H.N.KURANGA

body2002
K. N. H. KURANGA, C. J. ( 1 ) HEARD Shri Arun Kochar, learned counsel for the applicant and Shri Ranbir Singh, Govt. Advocate with Shri R. K. Jajodiya, Panel Lawyer, for the State. ( 2 ) A case in Crime No. 102/2001 has been registered against the applicant for the offence punishable under Section 34 (1) (k) (2) of the M. P. Excise Act, 1915. ( 3 ) THE case of the prosecution is that 20 cartons of Royal Master Whisky were seized from the bedroom of the house of the applicant in Khapari (Amolidih) village. It is submitted that after completing investigation the police have filed the change-sheet against the applicant. The offence under Section 34 (1) (k) (2) of the M. P. Excise Act, 1915 is punishable with imprisonment up to three years. ( 4 ) HAVING regard to the nature of the offence alleged against the applicant and the punishment provided for the same and having regard to the fact that the applicant was granted ad interim bail by this Court on 15-01-2002, I am of the opinion that the petition has to be allowed. Accordingly the petition is allowed. The applicant is directed to be released on bail on his executing a bond in the sum of Rs. 10,000/- with two sureties for the like sum to the satisfaction of the Chief Judicial Magistrate, Raipur. He shall not repeat the offence. Application allowed. --- *** --- .