Bail granted post substantial investigation completion despite serious liquor offence, considering detention period.

ORDER

This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as “BNSS”).

2. The petitioner is the sole accused in Crime No.87/2026 of Kumbla Excise Range, registered for the offence punishable under Section

58 of the Abkari Act.

3. The prosecution allegation is that on 04.04.2026 at about 8.45 p.m., at Arikkady village, the petitioner was found in possession of and transporting 25.92 litres of Indian Made Foreign Liquor, in a vehicle bearing Registration No.KL-14-Z-6399, for the purpose of sale in the State of Kerala, in violation of the provisions of the Abkari Act. Thus, the accused is alleged to have committed the aforesaid offence.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor and also perused the records.

5. The allegation that the petitioner was in possession of and transporting a large quantity of Indian Made Foreign Liquor in violation of the prohibition under the Abkari Act cannot be taken lightly. A perusal of the records indicates. These sorts of offences would obviously affect the economic condition of our state. However, it is to be noted that the petitioner was apprehended red-handed with the contraband on 04.04.2026 and has been in custody since then. As evident from the records, the search and seizure procedures in this case were completed at the time of detection itself. Notably, the investigation appears to have substantially progressed and is now on the verge of completion. In such circumstances, further judicial custody of the petitioner is unwarranted at this stage and will not serve any purpose.

Hence, having regard to the period of detention already undergone by the petitioner and the present stage of the investigation, I am inclined to grant bail to the petitioner subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties, each for the like sum, to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall appear before the Investigating Officer every Monday between 10:00 a.m. and 11:00 a.m. for a period of three months or until the filing of the final report, whichever is earlier.

(iii) The petitioner shall cooperate with the investigation and shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any police officer.

(iv) The petitioner shall not leave India without prior permission of the jurisdictional Court.

(v) The petitioner shall not commit any offence while on bail.

If the petitioner violates any of the above conditions, the Investigating Officer shall be at liberty to file an application for cancellation of bail before the jurisdictional Court. Upon such application being filed, the jurisdictional Court shall be free to pass appropriate orders in accordance with law, notwithstanding the fact that this bail order has been passed by this Court.