Statutory bar on anticipatory bail applies where the record shows a prima facie liquor offence above the threshold.

Prima facie involvement in an offence under Section 34(1)(a) of the Chhattisgarh Excise Act, 1915, with liquor quantity exceeding the statutory threshold, attracted the statutory bar under Section 59A(i) against anticipatory bail. The record showed the applicant was named in the FIR, his motorcycle was seized in connection with transport of country-made liquor, and the investigation was at an early stage; on those facts, the ingredients of the offence were not shown to be absent. The anticipatory bail application was therefore not maintainable and was rejected.

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Issues: Whether the applicant was entitled to anticipatory bail in view of the bar under Section 59A(i) of the Chhattisgarh Excise Act, 1915, when the record disclosed an offence under Section 34(1)(a) involving more than five bulk litres of liquor.

Analysis: The applicant was named in the FIR, the motorcycle owned by him was seized in connection with transport of 17.28 bulk litres of country-made liquor, and the investigation was at an initial stage. On these facts, the material on record did not show that the ingredients of Section 34(1)(a) were completely absent. Since the alleged offence fell within the class of cases covered by Section 59A(i), the statutory bar against entertaining an anticipatory bail application was attracted.

Conclusion: The application for anticipatory bail was not maintainable and the request for bail was rejected.

Ratio Decidendi: Where the record discloses a prima facie offence under Section 34(1)(a) of the Chhattisgarh Excise Act, 1915 involving liquor quantity exceeding the statutory threshold, Section 59A(i) bars entertainment of an anticipatory bail application.

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