Himachal Pradesh High Court
Sagar Saini vs State Of Himachal Pradesh on 5 January, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.2719 of 2022 Decided on: 5th January, 2023
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Sagar Saini .....Petitioner
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Versus
State of Himachal Pradesh .....Respondent
------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting? 1 For the Petitioner:
For the Respondent:
r to Mr. Ajay Kochhar, Senior Advocate with Mr. Vivek Sharma and Ms. Avni Kochhar, Advocates.
Mr. Rakesh Dhaulta and Mr. Pranay Pratap Singh, Additional Advocates General.
ASI Dev Raj, Police Station Sundernagar, District Mandi, present in person alongwith record.
------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This bail petition arises out of FIR No.15/2022, dated 19.01.2022, registered under Sections 304, 308, 328, 420, 468, 471, 201, 109 and 120B of the Indian Penal Code and Sections 39, 40 and 41 of the H.P. Excise Act at Police Station Sundernagar, District Mandi. Petitioner is one of the co-accused in the FIR. He was arrested on 22.01.2022 and prays for his enlargement on regular bail.
1 Whether reporters of print and electronic media may be allowed to see the order?::: Downloaded on - 05/01/2023 20:33:39 :::CIS 2
2. The FIR was registered after seven persons died and fourteen others injured on consuming spurious liquor allegedly manufactured illegally by one Gaurav Minhas in connivance with certain other accused persons in his illegal .
liquor plants. The main allegation against the petitioner is that he had arranged for providing spirit (Ethyl Medical Solution) to co-accused Gaurav Minhas, which was used by the latter in manufacture of illegal and spurious liquor. Gist of the prosecution case against the petitioner is that:-
2(i). Co-accused Gaurav Minhas required the services of a Blender/Chemist. He was also in need of a person, who could arrange spirit for him. Another co-accused Alok Kumar Tripathi introduced Gaurav Minhas to the petitioner.
2(ii). The petitioner through co-accused Parvez Momeen made available spirit to Gaurav Minhas. Petitioner thereafter became a partner with Gaurav Minhas. His work was to provide spirit to Gaurav Minhas that was to be used in illegal manufacture of spurious liquor.
2(iii). The petitioner had asked Gaurav Minhas to provide him GST numbers alongwith names of Medical Stores, so that the spirit could be arranged. Co-accused Gaurav Minhas accordingly supplied the names of two ::: Downloaded on - 05/01/2023 20:33:39 :::CIS 3 medical stores, i.e. Shree Mahakal Medical Store Pahara and Sai Medical Store Rangas, Hamirpur alongwith their GST numbers. The petitioner arranged for supplying 15 drums of spirit through Om Logistics Private Limited .
Transport Company to co-accused Gaurav Minhas, 42 drums of Ethyl Medical Solution/Ethyl Medicinal Solution (spirit) to Sai Medical Store Rangas, Hamirpur through Sugam Parivahan Private Limited, 30 drums of Ethyl Medical Solution/Ethyl Medicinal Solution (spirit) through Om Logistics Private Limited Transport Company to co-
accused Gaurav Minhas and 49 drums of Ethyl Medical Solution/Ethyl Medicinal Solution (spirit) through Om Logistics Private Limited Transport Company, out of which 39 drums were statedly recovered from Company's office/store at Amb, Una and 10 drums were recovered from its office at Sundernagar (Mandi). Petitioner had also made available a Bottle Filling Machine to co-accused Gaurav Minhas.
2(iv). The petitioner sent photographs of consignment notes to co-accused Gaurav Minhas on WhatsApp. The petitioner also sent the details of his bank account numbers on WhatsApp to co-accused Gaurav Minhas. These details were shared by the petitioner with co-accused ::: Downloaded on - 05/01/2023 20:33:39 :::CIS 4 Parvez Momeen. The mobile phones recovered from the petitioner have been sent for data analysis, which is still underway.
2(v). A personal diary stated to be belonging to .
co-accused Gaurav Minhas recovered by the Special Investigation Team has details about the money allegedly paid to the petitioner for supplying the spirit. The diary contains notes of money either transferred on different dates to the bank account of the petitioner or paid to him in cash. Further investigation in the matter is stated to be underway. Call Detail Record obtained by the respondent shows that the petitioner had been in contact with co-accused Gaurav Minhas at regular intervals w.e.f. 21.10.2021 till 15.01.2022.
3. Learned Senior Counsel for the petitioner submitted that the petitioner has been falsely implicated in the FIR in question. He is not at all connected with recovery of Methyl Alcohol, which had allegedly caused deaths of seven persons and resulted into giving injuries to fourteen others. Learned Senior Counsel further submitted that the only allegation being faced by the petitioner is that he had acted as a middleman in supply of Ethyl Medical Solution to co-accused Gaurav Minhas through co-accused Parvez ::: Downloaded on - 05/01/2023 20:33:39 :::CIS 5 Momeen. It was further submitted that it is not the case of the prosecution that any death or injury had been caused to any person after consuming the liquor manufactured by using Ethyl Medicinal Solution allegedly procured by .
co-accused Gaurav Minhas through medium of the petitioner. Learned Senior Counsel further submitted that there is no allegation that the petitioner had directly supplied the spirit (Ethyl Medical Solution) to co-accused Gaurav Minhas. There is no allegation that the petitioner had actually illegally manufactured spurious liquor alongwith co-accused Gaurav Minhas. The petitioner was arrested on 22.01.2022. He has almost completed one year in custody. Investigation qua the petitioner is complete. Challan stands presented in the Court of competent jurisdiction on 18.04.2022. Learned counsel also submitted that in case of his enlargement on bail, the petitioner will abide by all the terms & conditions, which may be imposed upon him. Accordingly, prayer was made for allowing the bail petition.
Learned Additional Advocate General opposed the grant of bail. It was contended that the petitioner is accused of procuring spirit, which was illegally used in manufacture of spurious country made liquor. The ::: Downloaded on - 05/01/2023 20:33:39 :::CIS 6 petitioner does not deserve any leniency. It was, however, submitted that in case the Court is inclined to grant bail to the petitioner, then the same be made subject to stringent conditions that the petitioner shall duly co-operate with the .
Investigating Agency as and when directed and shall not tamper the prosecution evidence or influence the prosecution witnesses in any manner whatsoever.
4. I have heard learned Senior Counsel for the petitioner, learned Additional Advocate General and have also gone through the status report as well as the record produced by the Investigating Agency.
The petitioner is no doubt facing serious allegations in the FIR. However, prima facie, it seems that the gist of allegations levelled against the petitioner is regarding his role in arranging to provide spirit to co-accused Gaurav Minhas. According to the respondent, the spirit arranged by the petitioner through co-accused Parvez Momeen was used by co-accused Gaurav Minhas in illegal manufacture of spurious liquor. Co-accused Parvez Momeen has still not been apprehended till date. As per the status report, the spirit allegedly provided by the petitioner has been found to contain Ethyl Alcohol Solution. Whether the petitioner had the knowledge that the spirit alleged to ::: Downloaded on - 05/01/2023 20:33:39 :::CIS 7 have been provided by him was to be used in illegal manufacture of spurious liquor or whether he was partner of co-accused Gaurav Minhas, as alleged by the respondent, is yet to be proved during trial by leading cogent evidence.
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Whether the spirit (Ethyl Medical Solution) alleged to have been supplied by the petitioner through Parvez Momeen to co-accused Gaurav Minhas eventually led to deaths of seven persons and injuries to fourteen others is another aspect that is to be deliberated during trial. This aspect assumes importance as according to the learned Senior Counsel for the petitioner, it is the case of the respondent that the deaths/injuries had occurred because of use of Methyl Alcohol and not Ethyl Alcohol. The alleged financial transactions are stated to be under scanner, however, it has been submitted for the respondents that the investigation in the matter qua the petitioner is complete. No recovery remains to be effected from the petitioner. By now, the petitioner has completed 11 months and 13 days in confinement. His further detention will not serve any purpose. Though the petitioner is facing one another FIR, bearing No.197/2016, registered at Police Station Greater Kailash District South, West Delhi, however, the same is under Sections 323, 509 and 34 IPC. Challan in the instant ::: Downloaded on - 05/01/2023 20:33:39 :::CIS 8 case has been presented before the learned trial Court on 18.04.2022. No recovery remains to be effected from the petitioner. Hence, in the entirety of facts and circumstances, petitioner has made out a case for his .
enlargement on regular bail. The apprehension of the investigating agency about bail petitioner's influencing the witnesses can be taken care of by imposing stringent conditions. Accordingly, the petition is allowed. Petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh only) with two local sureties each in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned, subject to the following conditions:-
(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner will not leave India without prior permission of the Court.
(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer, complainant or any person acquainted with the facts of the case to dissuade him/her from ::: Downloaded on - 05/01/2023 20:33:39 :::CIS 9 disclosing such facts to the Court or any Police Officer.
(v). Petitioner shall attend the trial on every hearing, unless exempted in accordance with law.
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(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial.
Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.
In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.
With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
January 05, 2023 Judge
Mukesh
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