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Judgment
13 paragraphs · 249 wordsK.Haripal, J
The sole accused in Crime No.71 of 2021 of Pattambi Excise Range is now before Court seeking pre-arrest bail under Section 438 of the Cr.P.C.
The allegation is that on 19.07.2021 at 6 pm he was found engaged in illegal vending of Indian Made Foreign Liquor in an autorikshaw bearing
registration No. KL-53-B-6077. Seeing the Excise party he had run away from the place after leaving the vehicle and the contraband.
I heard the counsel on both sides.
The petitioner does not have any criminal antecedents. This is a crime registered in July 2020. The contraband and the vehicle have already been
seized under a mahazar. In the nature of the allegations, his custodial interrogation is not required. Moreover, 55(i) of the Abkari Act does not
prescribe any statutory minimum substantive sentence, so that, the embargo under Section 41A of the Abkari Act cannot be attracted.
Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and 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 rupees 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.
Bail Application is allowed as above.