This bail application dismissed. The single judge held that the grounds enumerated under Section 41-A(b)(ii) of the Abkari Act were not fully satisfied regarding the illegal diversion of spirit lorries. The court was not convinced that the petitioner had no role in the clandestine sale.
Bail application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH DECEMBER 2006 / 14TH AGRAHAYANA 1928 Bail Appl..No. 7055 of 2006() ----------------------------CRMP.9469/2006 of J.M.F.C.-I, PUNALUR ....................
PETITIONER/ACCUSED NO.2
VINCY VARGHESE, S/O.VARGHESE, MATTUMMEL HOUSE, THRIKKAKARA, ERNAKULAM DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENTS: COMPLAINANT:
STATE OF KERALA THROUGH THE DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D., ALAPPUZHA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.P.N. SUKUMARAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2006, ALONG WITH BA NO. 7058 OF 2006 THE COURT ON 05/12/2006 PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * B.A. Nos. 7055/2006 & 7058 * * * * * * * * * * * * * * * * * * Dated, this the 5**th day of December 2006
ORDER
The common petitioner in this petition filed under Sec. 439 Cr.P.C. is the 2nd accused in Crime Nos. 208/CR/KLN/2000 of the C.B.C.I.D., Alappuzha and 209/CR/KLM/OO of the C.B.C.I.D., Alappuzha for offences punishable under Sec. 55(a) of the Abkari Act and Sec.120 B, 468 and 201 I.P.C., seeks bail. The petitioners were arrested on 13-11-2006.
B.A. Nos. 7055/06 & 7058/06 -:2:-
the records the necessary transit pass was issued by the Sales-tax authorities and the above tanker lorries proceeded to Goa. But the above spirit did not reach Goa. Investigation thus far conducted has revealed that the spirit was illegally sold at Ernakulam and false records were made in the Distillery at Goa showing that the spirit lorries reached there and it was unloaded at the destination namely Spring Distillery, Goa. The tanker lorries had been escorted by a police constable by name Murukayya (LNK 1031) of Armed Reserve Camp, PalayamKottai from Thirunelveli. The said constable had escorted the lorries till Aryankavu check post. His passport, however, showed that he had reported at the Distillery at Goa at 4 p.m. on 6-6-1999 and he was re-passported from Goa at 2 p.m. on 7-6-1999. Forensic tests of the passport revealed that the signatures and seals found in the said passport were forged. Further investigation revealed that the constable who was deputed to escort the spirit lorry till Goa did not escort the lorries till the destination but instead he had conspired with the other accused persons for disposing of the spirit at Ernakulam. The spirit was actually unloaded at Thottakkattukara Distillery, Alwaye of which the petitioner is one of the Directors.
B.A. Nos. 7055/06 & 7058/06
-:3:-
the illegal diversion of the spirit lorries to Thottakkattukara Distillery and the clandestine sale of the spirit. I am not satisfied that both the grounds enumerated under Sec. 41- A (b) (ii) of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. This bail application is accordingly, dismissed.
V. RAMKUMAR, (JUDGE)
ani.
3 issues framed by the court
Whether bail should be granted to an accused charged with illegal diversion of rectified spirit under the Abkari Act and IPC.
Whether the constitutional grounds for arrest under Section 41-A(b)(ii) of the Abkari Act are satisfied to justify bail.
Whether the petitioner has a role in the clandestine sale of spirit and illegal diversion of tanker lorries.
3 provisions across 3 enactments
Vincy Varghe
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
