Bail granted for suspected unfit liquor possession subject to automatic revocation upon positive FSL report.

The applicant was apprehended by the police on January 24, 2026, near Budhvariya Hat Bazar, Ujjain, following a secret tip.

Upon search, 4.5 bulk litres of country-made raw liquor were recovered from a plastic cane in his possession.

The liquor was suspected to be unfit for human consumption, leading to the registration of Crime No. 05/2026 under Section 49A of the M.P. Excise Act.

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

While the investigation is complete and the final report has been filed, the FSL (Chemical Analysis) report is still pending.

The applicant, a 44-year-old labourer, moved this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the nature of the seizure and his personal circumstances.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the High Court with the power to grant bail.

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

Section 346 of the BNSS (formerly Section 309 Cr.P.C.) regarding the continuous examination of witnesses during trial to ensure procedural compliance.

The court evaluated the merits of the bail plea by noting that the investigation is complete and the final report is already filed, although the FSL report—essential to proving the liquor was unfit for human consumption—is awaited.

The court acknowledged the defense’s contention that the Investigating Officer lacked the expertise to determine the liquor's toxicity at the time of seizure.

Regarding the applicant's profile, the court found that as a labourer with a dependent family and no substantial criminal past (noting a 2017 conviction resulting only in a fine and a 2023 acquittal), there was no significant risk of recidivism, fleeing from justice, or tampering with evidence.

Since the offence is triable by a Judicial Magistrate First Class (JMFC), the court determined that further incarceration was not compellingly necessary.

The court ordered his release upon furnishing a personal bond of Rs. 25,000 with one surety of the same amount.

If the FSL report subsequently reveals the presence of any poisonous substance in the seized liquor, the bail shall stand cancelled automatically without further reference to the court.