Absence of Criminal Antecedents and Custodial Necessity Warrants Bail Under Section 49A Madhya Pradesh Excise Act.

The applicant, Santosh, was apprehended by the police on November 8, 2025, near Harifatak Bridge, Ujjain, based on secret information.

The police seized 5 bulk litres of country-made raw liquor from his possession, which was suspected to be unfit for human consumption.

Consequently, an offence was registered under Section 49A of the M.P. Excise Act at Police Station Mahakal.

The applicant has been in judicial custody since the date of his arrest.

He filed this first application for regular bail, contending false implication, lack of criminal antecedents, and his status as a labourer with a dependent family.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the recovery and his lack of criminal antecedents.

2. Whether the continued incarceration of the applicant is warranted pending the FSL report and trial.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail.

It also considered Section 49A of the M.P. Excise Act, which penalizes the possession of liquor unfit for human consumption.

The court balanced the gravity of the offence against the principles of personal liberty, noting that where there is no likelihood of recidivism, tampering with evidence, or fleeing from justice, bail may be granted.

It further noted the procedural requirement of Section 346 of the BNSS (formerly Section 309 Cr.P.C.) regarding the timely examination of witnesses.

The court observed that the applicant had no prior criminal record and that the investigation was largely complete with the final report filed, although the FSL (chemical analysis) report remained awaited.

It noted that the recovery consisted of 5 bulk litres and that the prosecution’s claim regarding the liquor being "unfit for human consumption" is a matter of trial evidence.

The court reasoned that since the applicant is a labourer with family responsibilities, there was no significant risk of him fleeing or influencing witnesses.

It concluded that the prima facie merits of the applicant’s contentions, combined with his length of incarceration since November 2025, outweighed the State’s opposition based solely on the gravity of the charge.

The holding is subject to conditions, including regular court appearance and non-involvement in similar offences.

Crucially, the court ordered that if the FSL report subsequently reveals any poisonous substance in the liquor, the bail shall stand cancelled automatically without further reference to the court.