Seizure of 27000 ml illegal liquor: Chhatisgarh HC grants Bail Considering Prolonged Custody of Accused [Read Order]

The High Court of Punjab and Haryana granted regular bail to the accused person arrested for possession of 27000 ml illegal liquor, considering the prolonged custody. The petitioner has already suffered incarceration for a period of one month and nine days.

The petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) by Raj Kumar for grant of regular bail to the petitioner in case FIR No.77 dated 17.7.2025, under Section 61 of Excise Act and Sections 111/123/62 of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Shahpurkandi, District Pathankot.

‘SHO PS Shahpurkandi "Jai Hind", I ASI alongwith SCT Nishan Singh 342/PTK, L/SCT Reeta Devi 147/PTK, PHG Mehar Singh 905 along with laptop printer with us were present near Radha Swami Satsang Ghar in search of bad elements. Secret informer informed that Raj Kumar who is doing the business of selling illegal liquor and today also he is selling illegal liquor to the customers in plastic can at the turn of his house.

The department conducted raid at the place told by the secret informer ile, at the turn of the house of Raj Kumar @Raju, where one person was seeing sitting on the chair while keeping plastic can near him and upon seeing the police party he tried to escape from the spot, and took him into custody and asked about his name and address.

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Before checking the plastic can kept near him, Endeavour was made to involve public witness into police party but everyone while disclosing their genuineness helplessness does not get involved into police party. While opening the cock of the plastic can checked it while smelling and illegal liquor was recovered. One Quarter from the recovered illegal liquor weighing 180 ML was taken separately as a sample and arrangements were made to weight rest of the illegal liquor.

After measuring, 35 bottles 750ML/750 ML and one bottle 570 ML were recovered. The measured liquor was again put in same plastic can and bolted the cock of the plastic can and alongwith illegal quarter sample bottle were sealed by me ASI with my named stamp DP/1/1 and was taken into police custody vide separate illegal alcohol recovery memo as an evidence and sample stamp was prepared separately.

Form M-29 was complied with at spot. After use of stamp same was handed over to SCT Nishan Singh 342/PTK. Aforementioned accused Raj Kumar @ Raju is a habitual committing this offence. Upon checking PAIS ID case bearing no. 0001 dated 02/01/2007 under Section 61-1-14 EX Act, PS Shahpurkandi, Case bearing no. 101 dated 23/11/2007 under Section 611-14 EX Act, PS Shahpurkandi, Case No. 0001 dated 01/01/2008 under Section 61-1-14 EX Act PS Shahpurkandi, case no. 23 dated 30/03/2008 under Section 61-1-14 EX Act PS Shahpurkandi and case no. 55 dated 30/07/2023 under Section 61-1-14 EX Act PS Shahpurkandi were already registered against him.

Raj Kumar @ Raju son of Ram Kishan resident of Ranipur Thinga while keeping total 27000 ML (36 bottles) illegal liquor prepared with poisonous/ health hazardous substances having no degree while knowing that it is harmful for human beings to consume has committed offence while keeping illegal 36 bottles liquor prepared with poisonous/ health hazardous substances having no degree while knowing that it is harmful for human beings, try to play with the lives of people, under Section 61-1-14 of Excise Act and 111/123/62 of BNS Act.

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The petitioner has argued that the petitioner is a man aged 60 years and does not keep good health. Reliance in this regard has been placed upon the medical record of the petitioner. Counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Counsel has further argued that recovery of the alleged liquor cannot be foisted upon the petitioner as a mandatory provision of Bharatiya Nagarik Suraksha Sanhita, 2023 has not been scrupulously complied with. Learned counsel has further argued that the recovery itself is doubtful.

The petitioner was arrested on 17.7.2025 and is in continuous custody since then. Completion of investigation as also trial emanating therefrom, in case occasion so arises, will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

As per custody certificate dated 27.8.2025 filed by State counsel, the petitioner has already suffered incarceration for a period of one month and nine days. As per the said custody certificate, the petitioner is stated to be involved in two more FIRs registered under the Excise Act. Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him.

A single bench of Justice Sumeet Goel ordered to release petitioner on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate.

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