Bail granted where illicit liquor was not in conscious possession and toxicity remained unproven.

The police of Excise Circle, Susner, intercepted a motorcycle on which two individuals were transporting 50 bulk liters of country-made liquor. The riders fled the scene under the cover of darkness

Based on the vehicle's registration, the owner (Neetu Kanjar) was apprehended and stated her husband, the applicant, was driving at the time of the incident

The applicant was subsequently charged under Sections 34(1)(A), 49-A, and 34(2) of the M.P. Excise Act and has been in judicial custody since March 16, 2026

A Forensic Science Laboratory (FSL) report confirmed the presence of Ethyl alcohol (17.57% and 16.18%) and traces of furfural and sediments, but offered no opinion that the liquor was poisonous or life-threatening

1. Whether the applicant is entitled to the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the evidence and the duration of his incarceration

2. Whether the chemical composition of the seized liquor, as per the FSL report, justifies continued detention under Section 49-A of the M.P. Excise Act

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

It further interpreted Sections 34(1)(A), 34(2), and 49-A of the M.P. Excise Act. Section 49-A specifically pertains to the possession of "unfit for human consumption" or poisonous liquor; the court relied on the principle that without a definitive medical or chemical opinion stating the liquor is life-threatening, the gravity of a Section 49-A charge is diminished for bail purposes

The court also considered the procedural mandate of Section 346 of the BNSS regarding the timely examination of witnesses during trial

The court reasoned that the applicant was not found in "active and conscious possession" of the illicit liquor, as he was implicated solely on the basis of a co-accused's statement in police custody

Critically, the Court observed that the FSL report failed to provide the exact percentage of furfural and sediments or an opinion that the liquor was poisonous, thereby weakening the prosecution's stance on the gravity of the offense under Section 49-A

Justice Kalgaonkar further noted the applicant’s lack of criminal antecedents and his socio-economic status as a 26-year-old laborer with family responsibilities, concluding there was no significant risk of recidivism, flight, or witness tampering

Since the investigation was complete and the trial was expected to take time, the court found no compelling reason for continued incarceration

The holding clarified that the lack of "conscious possession" and the inconclusive nature of the FSL report regarding toxicity were pivotal factors in granting relief

The bail is subject to conditions including regular court attendance, refraining from similar offenses, and non-interference with witnesses

This order remains effective until the conclusion of the trial