RAMESHAN M.N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. for pre-arrest bail filed by the petitioner/accused in Crime No.131/2021 of Excise Range Office, Sreekandapuram, Kannur District alleging commission of the offence punishable under Sec. 55(g) of the Abkari Act, 1077 (the Act).

(2.) The prosecution case is that on 26/10/2021 at 12.20 p.m., 140 litres of wash was seized from the possession of the petitioner/accused. Hence, the petitioner/accused is alleged to have committed the offence punishable under the above mentioned Section.

(3.) The application is opposed by the learned Public Prosecutor on the ground that the bar under Sec. 41A of the Act is attracted in this case and that investigation has not been completed.