ORDER : 1. This is the first bail application filed under Section 439 of the Cr.P.C. by the applicant for grant of regular bail in connection with Crime No. 50/2023, registered at Police Station – City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.), for commission of offence punishable under Sections 34(1)(b), 34(2) & 36 of Chhattisgarh Excise Act, 1915 (for short “the Excise Act”). 2. As per the prosecution story, on 21.01.2023, acting on a tip-off, the police conducted a raid and seized 279 bulk litres of illicit liquor from the house of the present applicant and thus, the police registered offence as stated above. 3. Learned counsel for the applicant would submit that according to Section 34(2) of the Excise Act, punishment provided for unlawful manufacture, transport, possession, sale, etc. would not be less than one year but which may extend to three years and fine which shall not be less than twenty five thousand rupees but which may extend to one lac rupees. She would further submit that the applicant is innocent; she has falsely been implicated in this case and there is no classification of offence in the Excise Act according to the quantity of liquor seized. Thus, she would pray for grant of regular bail to the present applicant. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that huge quantity of 279 bulk litres of liquor has been seized from exclusive possession of the present applicant and therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Section 34 of the Excise Act reads thus:- “34. Penalty for unlawful manufacture, transport, possession, sale, etc. 5. I have heard learned counsel for the parties and perused the case diary. 6. Section 34 of the Excise Act reads thus:- “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 issued thereunder, or of any conditions of a license, permit or pass granted under this Act, - (a) manufactures, transports, imports, exports, collects or possesses any intoxicant; or (b) save in the cases provided for in Section 38, sells any intoxicant; or (c) cultivates Bhang; or (d) taps any toddy producing tree/or draws toddy therefrom, or (e) constructs or works any distillery, brewery or vintnery; or (f) uses, keeps or has in his possession any materials, still utensil, implement or apparatus whatsoever for the purpose of manufacturing any intoxicant other than toddy; or (g) removes any intoxicant from any distillery, brewery, vintnery or warehouse licensed, established or continued, under this Act; (h) bottles any liquor; shall subject to the provisions of sub-section (2), be punishable for every such offence with imprisonment for a term [not less than [six months]] which may extend to [two years] and fine which shall not be less than [Ten thousand rupees] but which may extend to [Fifty thousand rupees]: Provided that when any person is convicted under this section of any offence for a second or subsequent time, he shall be punishable for every such offence with imprisonment for a term [not less than [one year]] but which may extend to [five years] and with fine which shall not be less than [Twenty thousand rupees] but which may extend to [two lac rupees]. (2) Notwithstanding anything contained in sub-section (1), if a person is convicted for an offence covered by clause (a) or clause (b) of sub-section (1) and the quantity of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds [five bulk litre], he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees: Provided that when any person is convicted under this Section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than fifty thousand rupees but may extend to two lac rupees. (3) When an offence covered by clause (a) or clause (b) of subsection (1) is Committed and the quantity of liquor found at the time or in the course of detection of such offence exceeds [five bulk litre], all intoxicants, articles implements, utensils, materials, conveyance etc. in respect of or by means of which the offence is committed, shall be liable to be seized and confiscated. If such an offence is committed by or on behalf of a person who holds a license under the Act for manufacturing or stocking or storing liquor for sale on which duty at the prescribed rate has not been paid then notwithstanding anything contained in Section 31 the licence granted to him shall be cancelled in case he is convicted for the offence as aforesaid. (4) The seizure or confiscation of the intoxicants, articles, implements, utensils, materials and conveyance and the cancellation of licence as provided under sub-section (2) above shall be in addition and without prejudice to any other action that may be taken under any provisions of the Act or rules made thereunder.” From bare reading of Section 34 of the Excise Act, it is crystal clear that if any person contravenes any provision given in sub-section (1), he shall be punishable for every such offence with imprisonment for a term not less than six months but which may extend to two years, and fine which shall not be less than Ten thousand rupees but which may extend to Fifty thousand rupees, and for a second or subsequent time, he shall be punishable for every such offence with imprisonment for a term not less than one year but which may extend to five years and with fine which shall not be less than twenty thousand rupees but which may extend to two lac rupees. 7. Further, sub-section (2) of Section 34 of the Excise Act provides that if a person is convicted for an offence covered by clause (a) or clause (b) of sub-section (1) and the quantity of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds [five bulk litre], he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees, and for or subsequent time, he shall be punishable for every such of fence with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than fifty thousand rupees but may extend to two lac rupees. 8. 8. The only classification which has been made by the legislature in the entire provision provided under Section 34 of the Excise Act is regarding quantity of intoxicant being liquor found at the time or in the course of detection of the offence exceeds [five bulk litre], where the accused, as provided under Section 34(1)(a) of the Excise Act, manufactures, transports, imports, exports, collects or possesses; or in clause (b) save in the cases provided for in Section 38, sells any intoxicant, shall be punished as aforesaid. Thus, sub-section (1) and (2) of Section 34 of the Excise Act revolve around quantity of intoxicant being liquor found to be less than or more than five bulk litres, respectively. 9. Apart from the above classification under Section 34 of the Excise Act, the legislature has neither provided for any further classification, nor for any higher punishment in case the quantity of intoxicant being liquor found from the exclusive possession of the accused exceeds for an instance say 100 or 500 or 1000 bulk litres, unlike Narcotics Drugs and Psychotropic Substances, Act, 1985 (for short 'the NDPS Act') where, there is classification of offence and punishment too. The quantum of punishment under the NDPS Act is based upon the quantity of narcotic drugs or psychotropic substance found, which may be classified into three categories viz. small quantity, lesser than commercial quantity and commercial quantity. 10. For the purpose of discussion, we may have a look at some of the penal provisions provided under the NDPS Act:- “Section 15. Punishment for contravention in relation to poppy straw. small quantity, lesser than commercial quantity and commercial quantity. 10. For the purpose of discussion, we may have a look at some of the penal provisions provided under the NDPS Act:- “Section 15. Punishment for contravention in relation to poppy straw. — Whoever, in contravention of any provisions of this Act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable, — (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.” “17. Punishment for contravention in relation to prepared opium.— Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both; or (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; or (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.” 18. Punishment for contravention in relation to opium poppy and opium.—Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees; (c) in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees. 20. 20. Punishment for contravention in relation to cannabis plant and cannabis.—Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,— (a) cultivates any cannabis plant; (b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable,— (i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and (ii) where such contravention relates to sub-clause (b),— (A) and involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both; (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 21. 21. Punishment for contravention in relation to manufactured drugs and preparations.— Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable, — (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 22. Punishment for contravention in relation to psychotropic substances.—Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter- State, exports inter-State or uses any psychotropic substance shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 11. 11. Perusal of the aforesaid provisions of the NDPS Act would depict the fact that there is classification of offence as well as punishment as per the quantity of the narcotic drugs or psychotropic substances, as the case may be. The said classification has been made solely on the basis of quantity of narcotic drugs or psychotropic substances which may be small or lesser than commercial or commercial, however, no such classification and categorization of offence as well as punishment exists in Section 34 of the Excise Act. The only categorization which exists under the aforesaid Section of the Excise Act is already discussed in preceding paragraphs. 12. Considering the fact that there is no such classification of offence under Section 34 of the Excise Act except as discussed above and maximum punishment provided for commission of offence punishable under Section 34(2) is for a term which shall not be less than one year but which may extend to three years and for second or subsequent time, it is for a term which shall not be less than two years but which may extend to five years, therefore, the objection raised by learned counsel for the State is not tenable. 13. Looking to the quantity of liquor alleged to have been seized from the possession of the applicant, period of custody of the applicant, and further considering the fact that the applicant is a lady having no previous criminal antecedents under the Excise Act, I find it to be a fit case to release the applicant on bail, therefore, without commenting anything on merits of the case, I am inclined to enlarge the applicant on regular bail. 14. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. 14. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that applicant shall be released on bail on her furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial Court concerned for her appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial, on following conditions :- (i) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her/him from disclosing such fact to the Court, (ii) she shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial, (iv) she shall not involve herself in any offence of similar nature in future. 15. The observation made in the course of this order is only for considering the case of the applicant for grant of regular bail. The concerned Trial Court shall not be influenced by any observation made hereinabove.