DEVADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners who are accused Nos. 1 and 2 in C.R.No.25/2007 of Pathanamthitta Excise Range for offences punishable under Sections 8(2) and 55(a) of the Abkari Act for allegedly having stocked ten litres of spirit and 5.8 litres of toddy mixed with spirit on 25.4.2007 and who were arrested on the same day, seek their enlargement on bail.

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

(3.) It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Moreover, I am not satisfied that both the ground enumerated under Section 41A (b)(ii) of the Abkari Act are present in this case so as to justify his release on bail. The application is accordingly dismissed.