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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
PRABHITH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. prohibited liquor possession allegations. (Para 2 , 3) |
| 2. defense related to medical condition vs. prosecution's evidence. (Para 5 , 6) |
| 3. conditions under the kerala abkari act. (Para 7) |
ORDER
This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, ‘ BNSS ’).
2. The petitioner is the accused in Crime No.95 /2025 of Cherthala Excise Range Office. The offence alleged against the petitioner is punishable under Section 55 (i) of the Kerala Abkari Act , 1077.
3. The prosecution case is that on 07.09.2025, at 12:25 p.m., the petitioner was found in possession of 19 litres of Indian Made Foreign Liquor and a sum of Rs.7,390/-.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is a Rheumatoid Arthritis patient and has been undergoing Ayurvedic treatment for more than five years. It is further submitted that, in view of his physical condition, it is totally unbelievable that he carried 19 litres of IMFL, as alleged by the prosecution.
6. The learned Senior Public Prosecutor opposed the bail application, contending that the
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