The Court dismissed the bail application filed under Section 438 CrPC by the petitioner accused in a liquor offence. Finding probable cause and the existence of Section 41Abkari Act rigour, the Court inferred conscious possession of contraband at the petitioner's premises.
Bail application dismissed; petitioner not entitled to anticipatory bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 7TH DAY OF DECEMBER 2021/ 16TH AGRAHAYANA, 1943
BAIL APPL. NO. 8488 OF 2021
CRIME NO.44 OF 2021 OF KUTHUPARAMBA EXCISE RANGE, KANNUR PETITIONER:
JAYARAJAN THENIYADAN, AGED 62 YEARS, S/O. KUNKAN, ARAKKAL HOUSE, KANNAVAM COLONY, CHERUVANCHERY AMSOM, POOVATHUR DESOM, THALASSERY TALUK, KANNUR DISTRICT.
BY ADVS. V.BINOY RAM S.SIDHARDHAN
RESPONDENT:
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
SMT SEENA C-PUBLIC PROSECUTOR
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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B.A.No.6015 of 2021
P.G. AJITHKUMAR, J.
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B.A.No. 8488 of 2021
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Dated this the 7th day of December, 2021
O R D E R
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
of Koothuparamba Excise Range Office. The crime was registered alleging an offence punishable under Section 55(g) of the Abkari Act. The allegations are that at about 12.30 p.m. on 24.03.2021 the accused was found in possession of 100 litres of wash for the purpose of brewing illicit arrack. The contraband was found by the searching party near the house of one Omana, Arakkal veedu, Cheruvancherry, Poovathur Desom of Thalassery Taluk.
that the case was foisted against the petitioner and he has no connection, whatsoever, with Smt.Omana named in the report.
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that the contraband was kept in a temporary shed erected near the house of Smt.Omana and the petitioner is none other than the husband of Smt.Omana. It is further stated that the investigation conducted so far has revealed that the wash was prepared and kept there by the petitioner. Since the wash was found in the house compound of the petitioner, his conscious possession of the contraband can well be inferred. In view of that matter, the contention raised by the learned counsel for the petitioner that in this case no presumption under Section 64 of the Abkari Act can be drawn, is unsustainable.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging offences under the Abkari Act involving possession of illicit wash.
3 provisions across 2 enactments
JAYARAJAN THENIYADAN
STATE OF KERALA
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
