Bail granted for excise offences pending chemical analysis subject to automatic cancellation if liquor is found poisonous.

The applicant, Shyam, was apprehended by the Mahakal Police Station, Ujjain, on February 9, 2026, following a search based on secret information.

The search resulted in the recovery of five bulk liters of country-made raw liquor from his possession.

The liquor was suspected to be unfit for human consumption, leading to the registration of Crime No. 40/2026 under Section 49A of the M.P. Excise Act.

The applicant has been in judicial custody since his arrest on February 9, 2026.

While the investigation is complete and the final report has been filed, the Forensic Science Laboratory (FSL) report is still awaited.

The applicant, a 55-year-old labourer with no prior criminal record, filed this first application for regular bail.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pending the arrival of the FSL report and the conclusion of the trial.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.

Section 49A of the M.P. Excise Act, which pertains to the penalty for the possession or sale of spirituous liquor unfit for human consumption.

The Court adhered to the principle that pretrial incarceration should not be continued without compelling reasons, particularly when the offence is triable by a Judicial Magistrate First Class (JMFC) and there is no evidence of the accused being a flight risk or a repeat offender.

The Court evaluated the applicant’s circumstances, noting that he is a 55-year-old labourer with no criminal antecedents.

It observed that the investigation is largely complete, and the primary evidence regarding the chemical nature of the seized liquor—the FSL report—is still pending; thus, the Investigating Officer's claim that the liquor was unfit for human consumption remains an unsubstantiated suspicion.

The Court found that the applicant, having a dependent family, was unlikely to flee from justice or tamper with evidence.

It further reasoned that the veracity of the prosecution's allegations is a matter for trial and that continued incarceration was not justified for a JMFC-triable offence where recidivism was not indicated.

The Court ordered that the bail would stand automatically cancelled without further reference to the Court if the FSL report reveals any poisonous substance in the seized liquor.