MP High Court Grants Bail in Excise Case, Orders Inquiry Against Investigating Officer for Casual Investigation
The Indore Bench granted bail to an accused arrested six months after the incident solely on the basis of an unverified sale agreement, and directed the Superintendent of Police to conduct an inquiry into the investigating officer's conduct within two months.
The High Court of Madhya Pradesh at Indore granted bail to Kamru, an accused in an illegal liquor case under the M.P. Excise Act, 1915, while simultaneously directing an inquiry into the investigating officer's handling of the case. Justice Jai Kumar Pillai, sitting singly, found that the applicant had been arrested six months after the incident on the basis of a sale agreement that had never been properly verified — the notary and the witness to the agreement were never examined. The court held that the prolonged custody and the likelihood of a long trial justified release, and directed the Superintendent of Police to submit an inquiry report to the Principal Registrar within two months.
The Arrest and the Prosecution's Case
The case arises from Crime No. 477/2025 registered at Police Station Kotwali Alirajpur, District Alirajpur, Madhya Pradesh. The offences alleged are under Section 34(2) and Section 46 of the M.P. Excise Act, 1915.
According to the prosecution, police received information that a truck bearing registration number RJ-09-GD-7262 was carrying illegal liquor. When the police surrounded the vehicle, the driver abandoned it in the darkness and fled. During the subsequent investigation, police arrested Kamru based on a statement made by the owner of the truck. Kamru has been in custody since 15 April 2026.
The applicant's counsel, Shri Madhur Gupta, pointed out that Kamru was arrested approximately six months after the incident. The sole basis for the arrest was an alleged agreement of sale said to have been executed in favour of the applicant. Neither the notary nor any witness to that agreement was examined by the investigating officer.
The Deficiencies the Court Identified
The court's concern was directed squarely at the quality of the investigation. The applicant's counsel characterised the investigation as “vague” and submitted that the investigating officer had been casual in discharging his duties. The court did not contradict this characterisation.
The unverified sale agreement was the only material connecting Kamru to the offence. The driver who actually abandoned the truck was not apprehended. The investigating officer made no effort to examine the notary or the witness to the agreement before arresting the applicant. Kamru had no criminal antecedents prior to this case.
The State, represented by Shri Hemant Sharma, opposed the bail application and sought its dismissal, but the court was not persuaded.
Bail Granted and Inquiry Ordered
Justice Pillai allowed the bail application after considering two primary factors: Kamru's continuous custody since 15 April 2026, and the likelihood that the trial would take a considerable time to conclude. The court was careful to state that it was not commenting on the merits of the matter.
Beyond the bail order, the court took the additional step of directing the concerned Superintendent of Police to initiate an inquiry against the investigating officer. The purpose, as the court stated, was to ensure that such conduct “should not be repeated in future by any investigating officer.” The inquiry report is to be placed before the Principal Registrar of the High Court after its conclusion. The Superintendent of Police has been given two months from 29 May 2026 to complete the inquiry.
The bail application was filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, read with Section 439 of the Criminal Procedure Code, 1973.
Outcome
Kamru is directed to be released on bail upon furnishing a personal bond of Rs. 25,000 with one solvent surety in the like amount, to the satisfaction of the Trial Court. He must appear before the Trial Court as and when directed and comply with the conditions under Section 437(3) of the Criminal Procedure Code, 1973. Any violation of the bail conditions may be taken up before the Trial Court itself by way of an application for cancellation of bail. Misc. Criminal Case No. 23492 of 2026 stands allowed and disposed of.