RUPESH R. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the sole accused in Crime No. 147/2023 of Kollam Excise Range Office, Kollam, for having committed offences punishable under Ss. 8(1) and (2) of the Abkari Act.

(2.) The allegation against the petitioner is that, on 18/10/2023 at about 11.30 A.M., near KTDC Hotel, Asramam, the accused was found transporting 2.5 litres of arrack in an autorickshaw bearing Reg.No. KL 2 BT 5903 for the purpose of sale and, thereby, committed the offences alleged against him.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 18/10/2023, and the continued custody of the petitioner is unnecessary.