IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Bail Appl..No. 7471 of 2008() ----------------------------- CMP.3421/2008 of J.M.F.C.-II,TRIVANDRUM CRIME NO.464/08 OF VALIYATHURA POLICE STATION PETITIONER -------------------- SHABU, S/O. MEERA SAHIB, MEERA SAHIB VILLA, TC 35/885, NORTH TO VALLAKADAVU STADIUM, VALLAKADAVU WARD, MUTTHATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM IN CRIME NO. 464/2008, THROUGH THE PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, KOCHI 682 031. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7471 of 2008 ----------------------------------------- -Dated this the 10th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 55 (h) of the Abkari Act. According to prosecution, petitioner was found in possession of 4 litres of foreign liquor and on questioning him, it was revealed that he had kept other contraband articles in his house. On search of his house, 16 litres of foreign liquor and 7.920 litres of beer were seized from the house. The incident occurred on 11.11.2008. 3. Petitioner was arrested on 11.11.2008. Learned counsel for petitioner submitted that from the possession of petitioner, only 4 litres of foreign liquor were seized but such possession does not constitute an offence. As per the notification, SRO.No.127/99 dated 5.2.1999, the permissible quantity is 4.5 litres of foreign liquor, but petitioner was found in possession of only permissible quantity of foreign liquor. It is also submitted that it is alleged that certain articles were seized from the house but the offence allegedly committed can BA.7471/08 2 only be not under Section 55(a), but under Section 63 of the Abkari Act, which is bailable. 4. It is also submitted that prosecution is relying upon notification, SRO.No.725/03 dated 2.8.2003, as per which, permissible quantity is 3 litres. It is submitted that the said notification relates to the “Indian made foreign liquor” and not “foreign liquor”. It is also submitted that the article involved is foreign liquor and not Indian made foreign liquor as is evident from FIR, it is submitted. Therefore, notification referred by prosecution is not applicable to the facts of this case, it is submitted. 5. Learned Public Prosecutor submitted that though the Sections quoted are 55(a) and 55(h) of the Abkari Act, as per the case diary, the contraband article is stored for sale and it attracts offence under Section 55(i) and not under Section 63 of the Abkari Act. However, taking into consideration the period of detention, he has no objection in granting bail to petitioner, it is submitted. On hearing both sides, I find that bail can be granted to BA.7471/08 3 the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. Iii). Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.