GIREESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 13th accused in Crime No.134/2006 of Sooranad Police Station for an offence punishable under sec.55(a) of the Abkari Act for allegedly having been found helping the transport of 12740 litres of spirit in the night of 12.5.2006 and who was arrested on 29.11.2006, seeks his enlargement on bail.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the contraband spirit was seized from the house of the 3rd accused and the role attributed to the petitioner is that he was piloting the lorry in which the contraband liquor was transporting by moving ahead of the lorry in a motor cycle.

(3.) It is too early to conclude that the petitioner is not guilty of the offence alleged against him. 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 justify the release of petitioner. This Application is, therefore, dismissed.