SHANMUKHA KUMAR Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner, who is the accused in Crime No.62/07 of Sulthan Bathery Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been transported in a bus 66.750 litres of IMFL in 89 bottles on 8.2.2007, seeks his enlargement on bail.

(2.) Learned Public Prosecutor opposed the application submitting, inter alia, that the IMFL in question were purchased from Pondicherry and were transported to Kerala for the purpose of sale.

(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 petitioner on bail. This application is accordingly dismissed.