Absence of criminal antecedents warrants bail for suspected spurious liquor possession under M.P. Excise Act.

The applicant was apprehended on 19.02.2026 by Police Station Chimanganj Mandi, Ujjain, following a search based on secret information.

She was allegedly found in possession of five bulk litres of country-made raw liquor, suspected to be spurious and unfit for human consumption, stored in a plastic cane behind an abandoned gumthi.

The applicant failed to produce a valid license or permit for the possession of the liquor.

Consequently, she was charged under Section 49(A) of the M.P. Excise Act and has been in judicial custody since her arrest.

This is the first bail application filed by the applicant.

1. Whether the applicant is entitled to the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering her socio-economic background and the nature of the alleged offense?

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to bail provisions under the erstwhile Cr.P.C.).

Section 49(A) of the M.P. Excise Act regarding the possession of spurious liquor.

Principles of criminal jurisprudence that consider the likelihood of recidivism, the possibility of tampering with evidence, the socio-economic status of the accused, and the triability of the offense by a Judicial Magistrate First Class (JMFC).

The Court noted that the investigation was complete and the final report had been submitted.

It emphasized that the offense is triable by a JMFC.

Regarding the applicant’s background, the Court observed that she is a 30-year-old labourer with no reported criminal antecedents.

The Court reasoned that due to her socio-economic status, there was no reasonable likelihood of her influencing prosecution witnesses or tampering with evidence.

Furthermore, the Court prioritized the hardship caused by her incarceration to her dependent family and minor children, concluding that there was no compelling reason to continue her detention while the veracity of the prosecution's claims is yet to be determined at trial.

The applicant is to be released upon furnishing a personal bond of Rs. 25,000 with one surety of the same amount.

The holding is subject to several conditions, including that the applicant shall not commit similar offenses and shall attend all hearing dates.

Critically, the Court directed that if the Forensic Science Laboratory (FSL) report subsequently reveals the presence of poisonous substances in the seized liquor, the bail shall stand cancelled automatically without further reference to the Court.