-1- M.CR.C. NO.8486/2011 09.12.2011: Shri Zishan Ali, counsel for the applicant. Shri Manish Joshi, Panel Advocate for the respondent/State. Heard. This is an application under section 439 Cr.P.C for grant of bail to the applicant. Applicant along with one Sunil was arrested in connection with criminal case No.628/2011 registered in the police station BNP Dewas under the provisions of the M.P Excise Act. They were intercepted by the police and in the Maruti van, more than 25 bulk liters of contraband article was found at the time of checking. It is not in dispute that the said Maruti van belonged to the applicant. Sunil has been granted bail by this Court by order dated 23.11.2011 and on the ground of parity, counsel for the applicant prays that the present applicant be released on bail. We find that the case of Sunil is distinguishable on the ground that it was alleged that he was only sitting in the van and had nothing to do with the contraband article found in the van at the time of checking. The only other person found in the van -2- at the time of checking was applicant and as an owner of the van, at present, he cannot escape from the prima facie liability and the consequences when the contraband excisable article was found in his van without any valid papers. In view of this, we find no parity in the case of the applicant with that of Sunil. As a consequence, application stands rejected and closed. (S.K.SETH) JUDGE Hk/