P. Bhavadasan, J.

Petitioner is the fourth accused in Crime No. 48 of 2012 of Excise Range, Ernakulam for having committed offences punishable under Sections 55(a), 55D, 55E, 55F, 55G, 58 and 62 of the Abkari Act. The allegation against the petitioner and others is that on 31.5.2012 the Excise Officers seized 1728 liters of spirit contained in 54 plastic cans which were stored in the cabin of a lorry which was parked near a petrol pump at Edappally. Petitioner says that he was arrested from his work place on 10.7.2012. However, he claims that he is in no way connected with the incident as alleged by the prosecution. According to him, none of the records would show his actual involvement in the incident. He has been falsely implicated in the crime and no one has spoken about his presence at the spot or no one had identified him. The only evidence which the prosecution relies on is that the petitioner received several calls from the first accused and it was based on that fact that the petitioner has been implicated and arrested in the case.

2. Sri. Babu S. Nair, learned counsel appearing for the petitioner pointed out that apart from anything else, petitioner has been in custody