PREMADASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed by the sole accused in Crime No.173/2018 of the Beypore Police Station, Kozhikode. The crime was registered for the offence punishable under Section 55(i) of the Abkari Act.

(2.) The allegation of the prosecution was that on 15.8.2018 at about 13.10 hrs. the accused was found engaged in the sale of Indian Made Foreign Liquor near a bus stop at Beypore Harbor Road in contravention of the provisions of the Abkari Act and the Rules. Nine bottles of Indian Made Foreign Liqour were seized from his custody. The petitioner was arrested and produced before the Judicial First Class Magistrate Court V, Kozhikode, wherefrom he was remanded to judicial custody. The application seeking bail was moved by him, but the same was dismissed by the learned Magistrate on 16.8.2018. It is in the said circumstances, the petitioner has approached this Court seeking bail. 2. Smt.S.K.Saju, the learned counsel for the petitioner has contended that the petitioner was taken into custody on 15.8.2018 for possessing 4.5 liters of Indian Made Foreign Liqour. According to him he was in judicial custody since 15.8.2018 and considering the prolonged detention, his application seeking bail is required to be allowed.

(3.) The learned Public Prosecutor based on the Case Diary has contended that 4.5 liters of Indian Made Foreign Liquor was seized from his custody and in view of the seriousness involved involved, the application is only liable to be rejected.