Order dismissing a bail application filed under Section 438 Cr.P.C. in an offence under the Abkari Act for selling liquor. The court rejected the argument that possession of 700 ml constitutes an offence and refused relief despite prior acquittal.
Bail application dismissed; no relief granted.
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 K.ABRAHAM MATHEW
THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939
Bail Appl..No. 8889 of 2017
CRIME NO. 25/2017 OF KARUNAGAPPALLY EXCISE RANGE OFFICE, KOLLAM
PETITIONER(S)/ACCUSED.
AMBILI AGED 41 YEARS, D/O. AMMUKUTTI, SARANYA BHAVANAM, ALAPPAD, ALAPPAD, ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM.
BY ADV.SRI.M.R.SASITH PANICKER
RESPONDENT(S)/STATE:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE EXCISE INSPECTOR, KARUNAGAPPALLY, KOLLAM.
BY SENIOR PUBLIC PROSECUTOR SRI.SYAMJI RAM
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K. ABRAHAM MATHEW, J.
B.A. No. 8889 of 2017
Dated this the 1st day of February, 2018
O R D E R
Petition filed under Section 438 Cr.P.C.
2.Petitioner is the accused in Crime No.25/2017 of
Karunagappally Excise Range Office, registered for the offence under Section 55(i) of the Abkari Act. The prosecution case is that at 7.25 pm on 02.02.2017, she was found selling liquor to another person at her house. The excise officers seized from her 700 ml of IMFL and Rs.120/-. Learned counsel submits that the allegation is false and possession of 700 of IMFL is not an offence.
B.A. No. 8889 of 2017
..2..
before the investigating officer.
In the result, this Bail Application is dismissed. The submission of the learned counsel that the petitioner will surrender before the investigating officer is recorded. The court below may pass appropriate orders, if an application happens to be filed under Section 437 Cr.P.C.
Sd K. ABRAHAM MATHEW JUDGE
bka/
//True copy//
PA to Judge
1 issue framed by the court
Whether anticipatory bail should be granted to the accused under Section 438 Cr.P.C. in an offence under Section 55(i) of the Abkari Act.
2 provisions across 2 enactments
Ambili
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
