Dismissed

Pratheesh.P.P., v. State of Kerala

Kerala HC13 Dec 2021Bail Appl./7883/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an anticipatory bail application filed by an accused charged under the Abkari Act for dealing in Indian Made Foreign Liquor. The court rejected the plea that the seizure of the Aadhar card was wrongful, finding a strong prima facie case and no convincing reasons to overcome the statutory bar.

What did the court decide?

Application dismissed; Petitioner directed to surrender before Excise officials and cooperate with investigation.

Pratheesh.P.P., Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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MONDAY, THE 13^TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943

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BAIL APPL. NO. 7883 OF 2021

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CRIME NO.84/2021 OF Sreekandapuram Excise Range Office, Kannur AGAINST THE ORDER/JUDGMENT IN CRMC 1218/2021 OF DISTRICT COURT & SESSIONS COURT, THALASSERY

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PETITIONER/APPLICANT/ACCUSED :-

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PRATHEESH.P.P., AGED 36 YEARS S/O.GANGADHARAN, PUTHUR HOUSE, KUTTAVU, PERUVALATHUPARAMBA, IRIKKUR, KANNUR DISTRICT-670 593.

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BY ADVS. M.MUHAMMED SHAFI T.RASINI

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RESPONDENT/COMPLAINANT :-

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY SRI.C.N.PRABHAKARAN, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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BAIL APPL. NO. 7883 OF 2021

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ORDER

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Apprehending arrest in connection with Crime No.84 of

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2021 of Sreekandapuram Excise Range, Kannur District registered for the offences punishable under Section 58 of the Abkari Act, this petitioner has moved this application under Section 438 of the Code of Criminal Procedure.

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The prosecution allegation is as follows :-

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On 10.07.2021 at about 1.25 pm while the Excise officials

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were on patrol duty, have received a reliable information that a

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person is dealing with contraband articles in a cashew plantation owned by one Kunnamprath Narayani at Kuttavu in Irikkur amsom. Immediately they proceeded to the spot. When they reached there, they found a person packing certain bottles in a sack. On seeing the

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Excise parties approaching him, he fled away from the spot. The Excise officials then seized 144 litres of Indian Made Foreign Liquor

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BAIL APPL. NO. 7883 OF 2021

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in 192 bottles meant for sale in Karnataka State only and the Aadhar

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card of the petitioner accidentally fell down from the pocket near the contraband article. Thereby, he was booked for the aforesaid offences.

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Heard the learned counsel for the petitioner as well the

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learned Public Prosecutor.

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The learned counsel for the petitioner has submitted that he is totally innocent of the allegation levelled against him. In fact, the Excise officials seized his Aadhar card from his residence in his absence and then falsely implicated him in this case. He has not committed any offence as alleged by the prosecution. But he apprehends arrest and hence this application.

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The said submission is refuted by the learned Public

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Prosecutor highlighting the fact narrated in the mahazar prepared by the Excise officials at the time of seizure of the contraband article

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from the cashew plantation owned by one Kunnamprath Narayani.

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It is true that this petitioner is not having any criminal

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BAIL APPL. NO. 7883 OF 2021

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antecedents as pointed out by the learned counsel for the petitioner. But the quantity of the contraband involved in this case is 144 litres of Indian Made Foreign Liquor. The same was seized by the Excise officials from the property of one Kunnamprath Narayani. The petitioner was found there at the spot and he was packing the same in a sack. On seeing the Excise officials, as per the mahazar he fled away from the spot. But accidentally his Aadhar card fell on the ground and that was seized by the Excise officials along with the contraband articles. As he took to his heels, he was not caught redhanded.

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The mahazar prepared by the Excise official could indicate that the petitioner’s involvement was revealed on the basis of the Aadhar Card, they have seized from the spot. There is absolutely no records available before me, except the argument raised by the learned counsel for the petitioner that the Excise official have seized the Aadhar card from his residence subsequently. No specific reason has been narrated by the learned counsel for falsely implicating this

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BAIL APPL. NO. 7883 OF 2021

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petitioner in an Abkari offence and to effect seizure of his Aadhar card from his residence. He has absolutely no case that the Excise officials are having any enmity towards him to falsely foist him in this case. Moreover as reported by the learned Public Prosecutor also this petitioner has no criminal antecedents. Why should the officials malign him intentionally, has not been explained by him though such an argument has been advanced.

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It is pertinent to note that though the petitioner is having such a case, he has not complained before any authority till date. The alleged incident was in the month of July 2021. Thereafter, he has moved for anticipatory bail before the learned Sessions Judge twice. But no such complaint has been raised before any authority till date to infer that the Excise officials have seized his Aadhar card from his residence, where his mother alone is residing. So it is not possible to accept the argument raised by the learned counsel for granting an order of pre-arrest bail in his favour. The accusation levelled against him are grave and serious in nature.

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BAIL APPL. NO. 7883 OF 2021

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Considering the entire facts involved in this case, I find that there is a strong prima facie case against him and therefore, this case

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is not a fit case in which the judicial discretion can be invoked in his favour. Moreover, the statutory bar under Section 41A of the Abkari Act can be overlooked only if convincing reasons are available on record. Taking into consideration of the entire facts involved in this case, I think that this application deserves a dismissal and I do so. The petitioner shall surrender before the Excise officials and cooperate with the investigation of the case forthwith.

Dismissed.

Sd/-

SHIRCY V. JUDGE

SMA

Pratheesh.P.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pratheesh.P.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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