The court ruled that the absence of grounds for a specific charge under the Abkari Act justified the granting of bail.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.68/2025 of Nadapuram Excise Range Office, Kozhikode, registered for the offence punishable under Section 55(i) of the Abkari Act , 1077.

3. According to the prosecution, on 21.06.2025, the accused was found in possession of 11.5 litres of Indian Made Foreign Liquor (IMFL), and thereby committed the offences alleged. Petitioner was surrendered on 25.06.2025, and he has been in custody since then.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 25.06.2025.

6. The learned Public Prosecutor opposed the bail application.

7. Petitioner is alleged to have been in possession of Indian Made Foreign Liquor to the extent to 11.5 litres. On a perusal of the prosecution allegation, it is noticed that there is nothing to attract the offence under Section 55(i) of the Abkari Act , and at most the offence under Section 63 of the Abkari Act , alone will be attracted. Of course that is a matter for investigation. However as the matter now stands since there is nothing to attract the offence under Section 55(i) of the Abkari Act , the rigour under Section 41A of the Abkari Act does not apply, and hence the petitioner is entitled to be released on bail. Therefore, the petitioner is entitled to be released on bail.

8. In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.