Grant of Bail for Possession of Commercial Quantity of Liquor Where Accused Lacks Criminal Antecedents and Investigation is Complete

The applicant was arrested on 17.12.2025 during routine patrolling by the Excise Police.

Acting on credible information, the police intercepted a Mahindra Scorpio car (MP-09-BC-3962) and recovered 180 bulk liters (20 cartons) of Goa Whisky manufactured in Madhya Pradesh, being transported illegally.

The applicant was charged under Sections 34(2), 36, and 59(A) of the Chhattisgarh Excise Act, 1915.

Following the completion of the investigation, a final report was filed before the Judicial Magistrate First Class, Dongargarh.

The applicant approached the High Court seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

1. Whether the applicant is entitled to the grant of regular bail considering the nature of the offense and the duration of his pretrial detention.

The court applied the provisions of Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

Section 34(2) prescribes a minimum punishment of one year and a maximum of three years.

The court also adhered to the procedural mandates of the Bharatiya Nyaya Sanhita (BNS), specifically Sections 209 and 269, and Section 351 of the BNSS, concerning the conduct of the accused during trial and consequences of non-appearance.

The court evaluated the gravity of the allegations involving the illegal transportation of 180 bulk liters of foreign liquor against the mitigating factors presented by the applicant.

It noted that the applicant had no prior criminal antecedents.

The court observed that the applicant had been in custody since 17.12.2025 and that the charge-sheet had already been filed, signifying the completion of the custodial investigation.

Reasoning that the trial's conclusion would likely take significant time, the court determined that further detention was not warranted, provided strict conditions were imposed to ensure the applicant’s presence during trial proceedings.

The applicant was ordered to be released on a personal bond with two local sureties, subject to specific conditions: (i) no seeking of adjournments during witness testimony; (ii) mandatory appearance on all trial dates under penalty of Section 269 BNS; (iii) proceedings under Section 209 BNS for misuse of liberty; and (iv) personal presence during case opening, framing of charges, and recording of statements under Section 351 BNSS.