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2025 Supreme(Online)(KER) 10655

HIGH COURT OF KERALA
JOBIN SEBASTIAN, J
JAISON VARGHESE @ JOHN VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.K.SUBHASH, ASHITHA RIA MERIN, M.P. PRASANTH

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.

2. Petitioner is the sole accused in Crime No.43 of 2025 of Thankamony Excise Range OfÏce, Idukki. The above case is registered against the petitioner alleging offences punishable under Sections 8 (2) r/w 8(1) and 55(g) of the Kerala Abkari Act .

3. Prosecution allegation is that on 03.04.2025 at 8:30 p.m., the accused was found in possession of 20 litres of arrack for sale and 100 litres of wash and utensils for brewing arrack in violation of provisions of the Abkari Act and thereby committed the aforementioned offences.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

5. The allegation that the petitioner possessed 20 litres of arrack as well as 100 litres of wash and utensils for brewing arrack regardless of the prohibition contained under the Abkari Act cannot be viewed lightly. A perusal of the records reveals that the accusation against the petitioner is prima facie well founded. Anyhow, the petitioner was caught red handed with the contraband on 03.04.2025 and he is in custody since then. The search and seizure procedures were completed at the

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