MANOHARAN PONNAMBALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in C.R. No.3/2007 of Vamanapuram Excise Range for an offence punishable under sec.8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 2 litres of illicit arrack on 21.1.2007 and who was arrested on the same day, seeks his enlargement on bail.

(2.) The learned Public Prosecutor opposed the application.

(3.) It is too early to conclude that the petitioner is not guilty of the offence. Moreover, I am not satisfied that both the grounds enumerated under sec.41A (b)(ii) of the Abkari Act are present in this case so as to release the petitioner on bail. This Application is accordingly dismissed.