Bail granted for illicit liquor possession subject to automatic cancellation if FSL confirms poisonous substances.

The applicant was arrested on February 25, 2026, in connection with Crime No. 92/2026 registered at Police Station Badnagar, District Ujjain

According to the prosecution, police intercepted the applicant and seized 10 bulk liters of country-made raw liquor suspected to be unfit for human consumption

The applicant was charged under Sections 34 and 49-A of the M.P. Excise Act and remained in judicial custody from the date of arrest

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

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pending the receipt of the FSL report

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

penal provisions of Sections 34 and 49-A of the M.P. Excise Act, which deal with the unlawful possession of liquor and the possession of liquor unfit for human consumption

general principles of bail jurisprudence, focusing on the absence of a substantial criminal record, the likelihood of recidivism, and the necessity of continued incarceration during trial

The court evaluated the applicant's status as a laborer with a dependent family and noted that he had no prior convictions, despite one pending criminal antecedent

The applicant argued that the liquor was not in his "conscious possession" and that the Investigating Officer lacked the expertise to declare the liquor unfit for human consumption without an FSL report

The court observed that since the investigation was complete and the offense is triable by a Judicial Magistrate First Class (JMFC), there was no compelling reason to keep the applicant in custody

The court found prima facie merit in the applicant's contentions, noting that the veracity of the prosecution's claims would be a matter for trial

To balance the state's interest, the court included a self-executing cancellation clause should the FSL report later confirm the presence of poisonous substances

The holding is subject to conditions, including regular attendance at hearings and a prohibition against committing similar offenses

Crucially, the court held that if the FSL report reveals the liquor contained any poisonous substance, the bail order shall stand cancelled automatically, and the applicant must surrender immediately