IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 3558 of 2010(B) ------------------------------------------ (CRIME NO. 49/2010 OF KOLLAM EXCISE RANGE) .................... PETITIONER/1ST ACCUSED: ----------------------------------------- N.KAMALASANAN, AGED 60 YEARS, S/O.NARAYANAN, VAYALIL PUTHEN VEEDU, ASRAMAM, KOLLAM EAST VILLAGE, KOLLAM. BY ADVS. SRI.KALLADA K.SUKUMARAN, SMT.K.VIJAYAMMA, SRI.M.POLY MATHAI. RESPONDEN/COMPLAINANT & STATE: -------------------------------------------------------- 1. EXCISE INSPECTOR, EXCISE CIRCLE OFFICE, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. --------------------------- B.A. No. 3558 of 2010 ------------------------------------ Dated this the 16th day of June, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a), 56(b) and 67(B) of the Abkari Act of 1077. According to prosecution, spirit was brought in an autorickshaw by second and third accused. Third accused was the driver. The first and second accused unloaded the contraband articles to the toddy shop run by first accused. At that time, respondent officials detected the commission of offence. The incident occurred on 28.05.2010 at about 9.45 A.M. 33 litres of spirit were seized and a case was registered under the above said Sections. 3. Learned counsel for petitioner submitted that petitioner is first accused, who is the licensee of the toddy shop. Section 55(a) is the only non bailable offence in this case, but such offence is not attracted, since mere possession of liquor will not be an offence. Only if possession is in the course of transit etc., offence under Section 55(a) of the Abkari Act will be attracted. In such circumstances, bail may be granted, it is submitted. B.A. No. 3558 of 2010 2 4. This petition is strongly opposed. Learned Public Prosecutor submitted that large quantity of spirit was brought to a toddy shop and it was with the intention for sale. Petitioner was knowingly in possession of contraband article and it is also intended for sale. Though Section 55(a) is included, at the time of registration of the case, the acts committed may fall under other Sections of the Abkari Act, which is non-bailable. The investigation is in progress. The seizure was effected from the compound of the toddy shop run by first accused and he was also found unloading the contraband articles to the shop. 5. On hearing both sides, I am not inclined to grant bail to petitioner at this stage, on the ground that, Section 55(a) is not attracted etc. Investigation is in progress and the acts committed may fall under other provisions of the Abkari Act. Petitioner was present at the scene and he was unloading the contraband article and he has no explanation for possession of such article. This petition is dismissed. K. HEMA, JUDGE ln