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Judgment
18 paragraphs · 339 wordsK.Haripal, J
Petitioner is the sole accused in Crime No. 53 of 2021 of Irinjalakuda Excise Range office, which was registered alleging offence punishable under
Section 55(g) of the Abkari Act. The crime was registered on 15.06.2021 after seizing 400 litres of wash and other paraphernalia for making arrack
from the property of the petitioner. Now apprehending arrest, petitioner has moved this Court under Section 438 of the Cr.P.C.
I heard the learned counsel on both sides.
According to the learned counsel for the petitioner, this property situates about five kilometres away from his residential premises. He is only one of
the co-owners of the property. He did not have constructive possession over the contraband and that he has no criminal antecedents to his credit.
The learned Public Prosecutor has submitted that the wash and other materials were seized from the shed inside the plantation having extent of six
acres, which is in the possession and ownership of the petitioner.
Whatever it may be, he was not present at the time of seizure of the contraband. Question whether the petitioner has any nexus with the
contraband can be decided only after taking evidence.Items have already been seized and therefore his custodial interrogation is not warranted.
Moreover, Section 55(g) 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 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.