CHANDRAN K. Vs. THE EXCISE INSPECTOR

JUDGEMENT

(1.) This application is filed under 439 Cr.P.C. The petitioner is the sole accused involved in crime No. 57/2018 of Badiadka Excise Range, Kasaragod District. He is allegedly involved in the crime for commission of the offence punishable under Section 58 of the Abkari Act.

(2.) The prosecution allegation was that at 6.45 p.m. on 18.08.2018, the accused was found transiting 25 tetra packets, each containing 180 ml (total 4.5 litres) of Indian Made Foreign Liquor (IMFL) for sale in Karnataka only, at Vadakekkara Desom, in Muliyar Village of Kasaragod Taluk. The contraband was seized and he was arrested on 18.08.2018. He was produced before the court on 19.08.2018 and was kept in judicial custody since then. This application seeking regular bail is moved in the aforesaid circumstances.

(3.) Smt. Ann Susan George, the learned counsel for the petitioner has contended that the duration of 26 days in custody is a sufficient reason for enlarging the petitioner on bail, the contraband involved being Indian Made Foreign Liquor and the quantity is 4.5 litres.