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2022 Supreme(Online)(KER) 31666

SASIDHARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['N K SHYJU', '', 'GIREESH PANKAJAKSHAN', 'ARCHANA MITHRAN O K', 'DEEPAK RAJ', 'PUBLIC PROSECUTOR']

O R D E R

The petitioner is the sole accused in Crime No.5/2022 of Adimaly Excise Range, Idukki District alleging commission of offences under Sections

55 (i) and 55 C of the Kerala Abkari Act.

2. The allegation is that on 01-02-2022 the petitioner was found in possession of 4.490 litres of Indian Made Foreign Liquor (IMFL) kept for the purpose of sale. It is alleged that the 2nd accused in the case was consuming liquor after purchasing the same from the petitioner and thereby the 2nd accused committed the offence under Section 55 C of the Abkari Act.

3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that, if at all, the petitioner can only be accused of keeping the liquor in excess of the permitted quantity. It is submitted that the liquor in question was not intended for the purpose of sale. It is submitted that the petitioner is a 61 year old man and has been in custody from 02-02-2022 and his continued detention is not necessary for the purpose of any investigation.

4. The learned Public Prosecutor opposes the grant of bail. It is pointed out that the petitioner has an antecedent in respect of similar offence

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