KARTHIKA B.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C. The petitioner is the sole accused in Crime No. 59 of 2018 of Badiadka Excise Range, Kasargod District. The aforesaid crime was registered for the offences punishable under Sections 8 (1) and 8(2) of the Abkari Act.

(2.) The allegation against the petitioner was that he was engaged in transiting 5 litres of arrack in a 5 litre capacity can in a Hero Super Splender Bike bearing Registration No.KL-14 N 716 in front of Adhur check post by the side of Jalsoor Cherkala NH in Adhur Desom. The contraband was seized and the petitioner was arrested. He was produced before the court and remanded to judicial custody. In the said circumstances, this application is moved seeking regular bail.

(3.) Sri. Jackson Johny, the learned counsel for the petitioner has contended that the quantity of arrack involved is 5 litres and the petitioner was detained in custody for the last 28 days. According to him, criminal antecedents of any nature having not been reported against, the petitioner is liable to be released on bail.