DEVASSYKUTTY Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is the accused No.3 in Crime No.108/2021 of Neyyattinkara Excise Range. The offences alleged are under Ss. 55(a), 58 and 67B of the Kerala Abkari Act.

(3.) The prosecution case in short is that the accused No.1, Joy transported 175 litres of spirit in 5 cans each having capacity of 35 litres in an auto-rickshaw bearing registration No.KL-21-C 1941 on 1/11/2021 at 8.50 pm at Aalampotta, Perumpazhuthoor, Neyyattinkara and on questioning him it was revealed that Paveen and his lorry driver Subi, the petitioner herein had brought spirit from Nagarcoil in goods carrier truck bearing No. KL-01-AM 2919. Recovery was effected from the house of the accused No.1 and 1190 litres of spirit kept in 34 white cans each having capacity of 35 litres was seized. Vehicle bearing No. KL-01-AM 2919 was examined and the accused who was the driver of the vehicle was arrayed as the accused No.3 and was arrested. The vehicle was sized on the basis of the statement given by the accused and recovery was effected. From the vehicle bearing No.KL-01-M 6933 Tata Mini lorry belongs to Binu, 385 litres of spirit was seized and the same were found kept in 11 cans having capacity of 35 litres each. The crime was registered under Ss. 55(a), 58 and 67 B of the Kerala Abkari Act and the accused was remanded to custody on 2/11/2021.