ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in a crime involving abkari offence punishable under Section 55(a) of the Abkari Act. He has filed the above application seeking his release on bail under Section 439 of the Code of Criminal Procedure, for short the Code.

(2.) Petitioner was found transporting, and, in possession of, 825 litres of spirit in a lorry, without authority or licence, at about 3.30 p.m. on 06/05/2013 by an excise party. On his arrest and production before the Magistrate he was remanded to judicial custody the same day, which still continues. His application for bail had been turned down by learned Sessions Judge vide Annexure-A1 order dated 26/07/2013 holding that the embargo under Section 41A of the Abkari Act disentitle him to be released on bail.

(3.) I heard learned counsel for petitioner and also learned Public Prosecutor.