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Judgment
15 paragraphs · 275 wordsK.Haripal, J
The petitioner is the sole accused in Crime No. 78/2021 of Excise Circle Office, Vaikom which was registered alleging offence under Section 8(1)
and (2) of the Abkari Act. It is alleged that on 16.06.2021, at 12.10 P.M., when the Excise officials searched the residence of the petitioner at
Kulasekharamangalam, 350 ml. of arrack was found in his possession; due to the pandemic situation, he was not arrested. Now apprehending arrest,
the petitioner has approached this Court under Section 438 of the Code of Criminal Procedure.
I heard learned counsel on both sides.
The learned Public Prosecutor has submitted that he has no criminal antecedents to his credit. Now the contraband has already been seized under a
mahazar. The petitioner does not have any criminal antecedents.
In the nature of the allegations, his custodial interrogation is not necessary. The offence under Section 8(1) of the Abkari Act does not prescribe
any statutory minimum substantive sentence, so that the embargo under Section 41A of the Abkari Act is not attracted.
Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer, within ten days from today and will make himself available
for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent
sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation; shall not try to contact or
influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
The bail application is allowed as above.