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Judgment
13 paragraphs · 259 wordsK.Haripal, J
The sole accused in Crime No. 151/2021 of Sulthan Bathery Excise Range is before Court seeking anticipatory bail. The allegation is under Section
55(g) of the Abkari Act. It is alleged that on 26.05.2021, at 11.45 A.M., 50 litres of wash was found in front of the cattle shed behind the house of the
petitioner. The learned counsel for the petitioner submits that he has no nexus with the contraband and that he has no criminal antecedents.
The latter submission has been endorsed by the learned Public Prosecutor also. Now, the contraband has already been seized under a mahazar.
The petitioner does not have criminal antecedents to his credit.
In the nature of the allegations, custodial interrogation of the petitioner is not warranted. Section 55(g) of the Abkari Act does not postulate any
statutory minimum substantive sentence, so that there is no embargo under Section 41A of the Abkari Act in granting him anticipatory bail.
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.