O R D E R

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.145 of 2025 of Excise Range Office, Chirayinkeezhu, Thiruvananthapuram, registered for the offence punishable under Section 55 (i) of the Abkari Act 1077.

3. The prosecution case is that on 03.11.2025, the accused was found in possession of 2.5 litres of Indian Made Foreign Liquor and thereby committed the offence alleged. Petitioner was arrested on 03.11.2025 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 03.11.2025 and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. Though the prosecution alleges that the accused was found in possession of 2.5 litres of Indian Made Foreign Liquor, I am of the view that considering the period of custody already undergone and also since this Court entertains a doubt as to whether the offence itself has been made out, considering the quantity seized,