Bail granted based on the view that offences may not be warranted; conditions imposed to ensure compliance and prevent tampering.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’). 2. Petitioners are accused Nos.1 and 2 in Crime No.110 of

2025 of Kasaragod Excise Range, registered for the offences punishable under Sections 58 and 55(i) of the Abkari Act, 1077 .

3. According to the prosecution, on 08-07-2025, accused were found in possession and transporting 51.84 liters of Indian Made Foreign Liquor (IMFL), meant for sale only in the State of Goa and 129.6 liters of IMFL meant for sale only in the State of Karnataka in a vehicle bearing No. KA 15 2105 and thereby the accused committed the offences alleged. The petitioners were arrested on

08.07.2025 and they have been in custody since then.

4. Heard Sri. Arunkumar, the learned Counsel for the petitioners as well as Sri. Noushad K.A, the learned Public Prosecutor.

5. The learned counsel for the petitioners contended that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioners have been in custody since 08.07.2025.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioners ought not to be released on bail.

7. Petitioners are alleged to have been in possession of large quantities of IMFL. However, possession of large quantities of IMFL may attract only Section 63 of the Abkari Act, 1077 and not the offences alleged unless there are materials otherwise. However, that is a matter to be concluded after investigation.

8. Since prima facie I am of the view that the offences alleged may not be attracted, and considering the period of custody already undergone by the petitioners, further custody is not necessary. The rigour under Section 41A of the Abkari Act, 1077 will not be applicable, in view of the above observations.

Therefore, petitioners ought to be released on bail.

In the result, these bail applications are allowed on the following conditions:-

(a) Petitioners shall be released on bail on each of them 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 OfÏcer as and when required.

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

(d) Petitioners shall not commit any similar offences while they are on bail.