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2009 DIGILAW 1479 (RAJ)

KANA v. RAJASTHAN

2009-06-18

MAHESH BHAGWATI

body2009
HON'BLE BHAGWATI, V. J. ( 1 ) THIS order governs the disposal of bail application filed under Section 439 of Cr. P. C. by Shri J. R. Chaudhary, Advocate on behalf of the petitioner pertaining to F. I. R. No. 16/08-09 of Excise Police station, Newai (Tonk) in the offence under Section 16/54 of the Rajasthan excise Act. ( 2 ) HEARD the learned counsel for the petitioner as also the learned Public prosecutor for the State and perused the material on record. ( 3 ) LEARNED counsel for the petitioner has canvassed that after eight months of registration of the case, the petitioner has been arrested. The field where the illicit liquor was being manufactured does not belong to the petitioner. The name of the petitioner does not figure in the first information report. No identification parade has been conducted by the police so as to link the petitioner with the alleged offence of the instant case. The petitioner has been in custody for the last on month and hence, he may be granted indulgence of bail. ( 4 ) LEARNED Public Prosecutor appearing for the State has opposed the bail petition. ( 5 ) HAVING considered the submissions made at the bar and carefully perused the material on record, it is noticed that the field, where the illicit liquor was being manufactured belong to the petitioner. The investigating officer has collected the copy of Jamabandi as also Khasra Girdawari pertaining to the field of the petitioner Kana. Site plan was also prepared by the investigating officer on the spot which also reveals that the alleged field belonged to the petitioner Kana. The investigating officer also recovered sixty pitchers full with 1200 litres wash, which was being used of manufacturing the illicit liquor. ( 6 ) IT is a case of working still in operation where the petitioner was found manufacturing illicit liquor and who fled from the field after seeing police. I without expressing any opinion on the merits of the case, do not feel inclined to grant bail to the petitioner and his bail application deserves to be dismissed. ( 7 ) IN the result, the bail application filed under Section 439 Cr. P. C. on behalf of accused-petitioner Kana is dismissed.