JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners, who are accused Nos.2 to 4 in Crime No.130/2007 of Pathanamthitta Police Station for offences punishable under sections 8(2) and 55(a) and (i) of the Abkari Act for allegedly having been found in possession of 19 litres of rectified spirit and 2 litres of diluted spirit on 14.2.2007 and who were arrested on the same day, seek their enlargement on bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) I am not satisfied that both the grounds enumerated under Clause (b)(ii) of Sec. 41 A of the Abkari Act are present in this case so as to justify the release of the petitioners on bail.