#excise Act

The Madhya Pradesh High Court, while dismissing an anticipatory bail application as withdrawn, issued a binding directive that investigating officers must strictly follow the Arnesh Kumar guidelines before arresting anyone under the Excise Act. This reinforces procedural safeguards against arbitrary detention in non-bailable excise offences, affecting police conduct across Madhya Pradesh and setting a precedent for other states.

Andhra Pradesh High Court reinforces the inadmissibility of a co-accused’s confessional statement under Section 25 of the Evidence Act to implicate another accused, granting pre-arrest bail. The ruling underscores that reliance on such statements violates the presumption of innocence and due process, offering critical protection to accused persons facing implication based solely on co-accused testimony.

The Allahabad High Court granted bail to a truck escort driver in an excise case involving 710 liquor cartons, emphasizing his passive role, clean record, and the co-accused’s prior release. The ruling reinforces that mere association with contraband transport, without active involvement, cannot justify prolonged pre-trial detention under the BNS framework.

Patna High Court grants provisional anticipatory bail under Section 438 CrPC but mandates verification of exactly four prior criminal cases; concealment of antecedents nullifies bail. The ruling establishes that courts may impose conditional bail tied to factual disclosure, reinforcing accountability in bail proceedings.

Madhya Pradesh High Court rules that a company's excise licence can be suspended under Section 31(1)(c) of the Excise Act solely based on its employees' or agents' conviction for forged permits, even if the company itself is not prosecuted. The ruling underscores vicarious liability in regulatory compliance, impacting distilleries and businesses holding excise licences.

Chhattisgarh High Court grants regular bail to a first-time offender accused of possessing 10 liters of illicit liquor, emphasizing clean antecedents, prolonged custody, and the non-violent nature of the offence. The ruling underscores that pre-trial detention must be justified by more than just the gravity of the accusation under the Bharatiya Nagarik Suraksha Sanhita.

Chhattisgarh High Court grants bail to a driver accused of transporting illegal liquor, holding that mere employment does not establish culpability under BNS and Excise Act.