Bail granted based on custody duration and lack of evidence for intent to sell prohibited substances.

ORDER

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

2. Petitioner is the sole accused in O.R.No.100/2025 of Pazhayannur Excise Range Office, Thrissur registered for the offences punishable under Section 13 read with Sections 63 , 55(i) and 67B of the Abkari Act, 1077 (for short ‘the Act’). 3. The prosecution case is that on 05.11.2025, the accused was found in possession of 10 litres of IMFL kept for the purpose of sale in a vehicle bearing Registration No.KL 48L

2718.

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 05.11.2025 and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that the offence is very serious. 7. The petitioner was found to be in possession of 10 litres of IMFL. Possession of foreign liquor in excess of 3 litres is made punishable as a bailable offence under Section 63 of the Act. Though the prosecution alleges that the contraband was kept for sale, prima facie there is nothing to indicate that there was any intention to sell. However, that is a matter to be identified during the course of investigation. Taking into consideration the above circumstances, the rigor under Section

41A of the Act is not applicable.

8. Having regard to the period of custody already undergone and also the nature of the offence alleged, I am of the view that the petitioner is entitled to be released on bail.

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.

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 law, notwithstanding the bail having been granted by this Court.

Sd/-