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Judgment
15 paragraphs · 282 wordsK.Haripal, J
The petitioner is the sole accused in Crime No.15 of 2021 of Udumbanchola Excise Range, Idukki District, which was registered alleging offence
under Section 55(i) of Abkari Act. The petitioner has moved this Court under Section 438 of the Cr.P.C. seeking pre-arrest bail.
The crime was registered alleging offence under Section 55(i) of Abkari Act after seizing four litres of Indian Made Foreign Liquor from the shop
run by the petitioner on 1.2.2021. It is alleged that he had kept so much quantity of liquor for the purpose of sale. He could not be arrested at that time
and now apprehending the arrest, he has moved this court.
I heard counsel on both sides.
The petitioner has no criminal antecedents to his credit. The contraband has already been seized under a mahazar, so that custodial interrogation of
the petitioner cannot be insisted. Section 55(i) of the Abkari Act, which is alleged against him does not prescribe any statutory minimum substantive
sentence and hence the embargo under Section 41A of the Abkari Act is not attracted.
In the circumstances, 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/-(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.,