cra3021.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3021 OF 2011 Shri. Bacchu s/o Aalu Vasave, Age-35 years, Occu:Agriculture, R/o-Vasave Fali Rayangan, Tq-Navapur, Dist-Nandurbar. ...APPLICANT. VERSUS 1) The State of Maharashtra, 2) The Police Inspector, Navapur Police Station, Tq-Navapur, Dist-Nandurbar. ...RESPONDENTS. ... Shri.D.S. Bagul Advocate for Applicant. Shri.G.R. Ingole A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 4TH AUGUST, 2011 PER COURT : 1. This Application is filed for anticipatory bail in C.R. No.80 of 2011 registered cra3021.11 2 in Nawapur Police Station, Dist-Dhule, for the offences punishable under Section 65(kh)(D) of the Bombay Prohibition Act. The papers of investigation were made available. Both the sides are heard. 2. The Advocate of the Applicant submitted that the punishment provided for the offence is up-to three years and so the present proceeding is tenable. 3. The crime is registered on the basis of information given by the Police Officer. There was specific information against Applicant - Bacchu Vasave and one Suresh Vasave that they had illegally stored foreign liquor in the house of the Applicant. Raid was effected on 8th June, 2011. Suresh Vasave was present in the house. When the door of the house was opened, foreign liquor worth Rs.3.49 Lakh came to be recovered. Suresh Vasave could not produce any record like license to cra3021.11 3 possess such liquor and he came to be arrested. 4. It was submitted in this proceeding that present Applicant was admitted in Nirmal Hospital, Dhule between 6th June, 2011 and 10th June, 2011 and the house is given on lease basis to Suresh Vasave, who is brother in law of the Applicant. On the basis of this submission, interim relief was granted by this Court. Police papers contain statement of Dr. Nitin Patil. Fortunately, police have obtained his signature. He has contended that certificate produced in the Court is not issued by him and there was no question of admission of the Applicant in his hospital as he himself was sick and bed ridden during the relevant period. There is record like assessment list prepared by village panchayat showing that the house stands in the name of present Applicant. There is virtually no record to show that the present Applicant has given his house to Suresh Vasave, on lease basis. Information was against both, Suresh Vasave and cra3021.11 4 present Applicant. It is not a case of the present Applicant that he was holding any license or permission to possess such liquor. In view of these circumstances, this Court holds that custodial interrogation of the Applicant is necessary and the relief of anticipatory bail cannot be granted. So, the Criminal Application stands rejected and the interim relief granted earlier, stands vacated. [T.V. NALAWADE, J.] asb/AUG11