IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7403 of 2010()
1. DINESHAN.P.P., S/O.CHATHU,
... Petitioner
Vs
1. THE EXCISE INSPECTOR,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.A.MOHAMED MUSTAQUE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/11/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 7403 of 2010
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DATED: 19th day of November, 2010
O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitioner
who is the 1st accused in Crime No.324/2010 of Thalassery Excise
Range for offences punishable under Sections 55(a) and 67(B) of
the Abkari Act I of 1077 read with 9 and 126 of the Kerala Foreign
Liquor Rule 1953 for allegedly having been found in possession of
106 litres of I.M.F.L, seeks his enlargement on bail.
2. The learned Public Prosecutor opposed the application
contending inter alia that the 59 bottles of I.M.F.L having a total
quantity of 106 litres were transported from Mahe and exclusively
meant for sale in Pondicherry. At Chokly, the vehicle in which the
contraband liquor was transported hit and injured the excise
officials. The petitioner is also involved in yet another Abkari
case.
3. It is too early to accept the petitioner’s contention that
he has been falsely implicated in the case. Moreover, I am not
satisfied that both the grounds enumerated under sec.41A (b)(ii)
of the Abkari Act are present in this case so as to justify his
release on bail.
With the above observation this Application is dismissed.
V.RAMKUMAR, JUDGE.
dmb