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Judgment
16 paragraphs · 299 wordsK. Haripal, J
Petitioner is the accused in crime No.36/2021 of Excise Range, Bandadka in Kasargod district.
It is alleged that on 05.05.2021, the petitioner was found illegally transporting 34.56 litres of Indian made foreign liquor in a jeep bearing registration
No. KL-01-K-3389 driven by the petitioner. He was intercepted and the jeep as well as the contraband were seized under a Mahazar. Now the
petitioner seeks pre-arrest bail under Section 438 of the Cr.P.C.
The learned counsel for the petitioner submits that at the most, offence under Rules 9 and 11 of the Foreign Liquor Rules alone will be attracted,
punishment of which is only payment of fine, that he has no criminal antecedents to his credit.
The learned Public Prosecutor also endorsed the submission that he has no criminal antecedents to his credit.
The contraband and the vehicle in which it was transported have already been seized under a mahazar. In the nature of the allegations, especially
since it is submitted that he has no criminal antecedents, his custodial interrogation is not warranted. It does not seem that the embargo under Section
41A of the Abkari Act is attracted in this case.
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.
This bail application is allowed as above.