Facts
The applicant, Shahid Qadri, was intercepted by ASI Savitri Katara while traveling on an Activa vehicle.
Source reference: p. 2Upon search, 63 bulk litres of illicit country-made plain liquor were seized from his possession, leading to his arrest on January 8, 2026, for transporting liquor without a valid permit.
Source reference: p. 2FIR No. 08/2026 was registered at Police Station Panwasa, District Ujjain.
Source reference: no citationThe applicant, a 51-year-old labourer with no prior criminal record, filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, after the completion of the investigation and submission of the final report.
Source reference: p. 1-2Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the quantity of liquor seized and his lack of criminal antecedents.
Source reference: p. 2-3Law Applied
The court primarily applied Section 34(2) of the M.P. Excise Act, 1915, which penalizes the unlawful transport of intoxicants.
Source reference: p. 1-2Procedurally, the application was governed by Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Source reference: p. 1The court also referred to the procedural mandate of Section 309 of the Cr.P.C. (now Section 346 of the BNSS, 2023) regarding the expeditious conduct of trial proceedings.
Source reference: p. 3Reasoning
The court evaluated the merits of the bail plea by balancing the gravity of the offence against the applicant’s personal circumstances.
Source reference: no citationIt noted that the investigation was complete and the final report had been filed, reducing the risk of evidence tampering.
Source reference: p. 2The court emphasized the applicant’s socio-economic status as a labourer, his age (51 years), and his clean criminal record as factors mitigating the likelihood of recidivism or fleeing from justice.
Source reference: p. 2Furthermore, the court observed that since the offence is triable by a Judicial Magistrate First Class (JMFC) and the trial is expected to take time, continued incarceration without a compelling reason was unjustified.
Source reference: p. 2-3Holding
The Court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond of Rs. 25,000/- with one surety of the same amount.
The holding is subject to conditions including regular court attendance, refraining from similar offences, and prohibiting any inducement or threat to witnesses.
Source reference: p. 3The court clarified that these observations are limited to the bail stage and do not reflect on the eventual merits of the trial.
Source reference: p. 3Original Court PDF
Shahid Qadri v. The State of Madhya Pradesh [M.R.C.C. No. 10751 of 2026]
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