JOHN JOSEPH MONDERO Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed by the petitioner, who is the sole accused in Crime No.13/2023 of Kumbala Excise Range Office, Kasaragod, under Sec. 439 of the Code of Criminal Procedure ('Cr.P.C' for short hereinafter)

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The prosecution allegation is that the accused herein possessed 5.4 litre of Goa Indian Made Foreign Liquor ('IMFL' for short hereinafter) at 6 p.m on 16/1/2023 at Bandiyod - Permuda Road, Koodal in Markkala village in Manjeshwaram Taluk, against the prohibitions contained in the Kerala Abkari Act. The accused was arrested and the contraband was taken into custody. Accordingly, the prosecution alleges commission of offence punishable under Sec. 58 of the Kerala Abkari Act by the accused.