SAJI EAPEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the accused in C.R.No.12/2007 of Kanjirappally Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 40.515 litres of IMFL in 96 bottles on 1.3.2007 in his residence and who was arrested on the same day seeks his enlargement on bail.

(2.) Since all the bottles contained the hologram of the Beverages Corporation prima facie indicating that there is no revenue loss for the State and since no signs of retail sale were seen in the house and also since the allegation that the petitioner was found in possession of quantities in excess of the permissible quantity, in the light of the decision reported in 2007 (1) KLT 845 does not attract an offence punishable under Section 55(a) of the Abkari Act, but only attracts an offence punishable under Section 63 of the Abkari Act which is a bailable offence, I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of B.A.1477/2007 2 the J.F.C.M.-I, Kanjirappally, and subject to the following conditions:

(3.) If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. The application is allowed as above.