Case Law Analysis
|Madhya Pradesh High Court
Section 34(2) MP Excise Act | Bail Granted When Investigative Negligence Fails to Establish Offence; Cost Imposed on Officer : MP HC Indore
The Madhya Pradesh High Court granted bail after finding the prosecution’s invocation of Section 34(2) of the MP Excise Act was legally unsound due to the investigating officer’s ignorance of the provision. The court imposed a cost of ₹50,000 on the officer for wasting judicial time, reinforcing that bail is the rule when prosecution fails to meet even prima facie thresholds - a critical check on arbitrary enforcement in excise cases.