MANOJKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for regular bail under Section 439 of the Cr.P.C.

(2.) The petitioner in B.A.No.3138/2020 is the 1st accused and the petitioner in B.A.No.3251/2020 is the 2nd accused in Crime No.372/2020 of Chottanikkara Police Station for having allegedly committed the offence punishable under Section 55(a) of the Abkari Act initially, and subsequently, under Sections 55(i) and 62 of the Act were also incorporated.

(3.) The prosecution case in brief is that on 29.04.2020 at about 4.55 PM the 1st accused was found to be in possession of 2495 litres of spirit stored in his house at Kureekkad Village. He was arrested on that day and remanded to judicial custody. On 30.04.2020 the 2nd accused was arrested for the allegation that he is the person who transported the said contraband to the 1st accused in a vehicle. The contraband articles contained 499 small cans of spirit containing five litres each. 248 carton boxes contain two of these cans. Three cans were found kept separately on the floor. The cans had a printing "Hand Sanitizer" and the carton boxes suggested that it was produced in bottles by "See Bhal Mikelin Distillery Pvt.Ltd., Goa". The police officials confirmed that it was spirit and prepared Annexure-A search list. The 1st accused mentioned that the contraband articles were sanitizers and he also produced bills/invoices indicating that the goods were delivered to him by M/s NAAJ Medicals, Companypady, Aluva. However, not being satisifed with the explanation offered by the 1st accused, the police officials proceeded with the case. The petitioner states that they are innocent and that 1st accused is a representative of M/s NAAJ Medicals, a company having a valid GST registration and deals with various medicines, drugs, including masks and hand sanitizers. In consequence to the outbreak of COVID-19 pandemic, there was huge demand for mask and sanitizer, and accordingly, they were brought under the valid licence from Goa. Chemical name of hand sanitizers are "Cluo Hand Sanitizer" and "Anton Braniff Hand Sanitizer" respectively, and the components of Anton Braniff are 70% Ethanol, Glycerine, Hydrogen Peroxide and water, added with perfume; while in Cluo Hand Sanitizer, the ingredients are 70% Ethanol with Glycerine, water and colour.