Nazeer vs The Excise Inspector on 16 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3380 of 2010()


1. NAZEER,S/O.HAJI HASSAN, KADAVIL VEEDU,
                      ...  Petitioner

                        Vs



1. THE EXCISE INSPECTOR, EXCISE RANGE,
                       ...       Respondent

                For Petitioner  :SRI.SHAJIN S.HAMEED

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :16/06/2010

 O R D E R
                                K.HEMA, J
                            -----------------------
                        B.A No.3380 OF 2010
                       --------------------------------
                Dated this the 16th day of June 2010

                                  ORDER

This petition is for anticipatory bail.

2. The alleged offence is under Section 58 of Abkari Act.

According to prosecution, petitioner was found transporting 225

litres of Indian Made Foreign Liquor in a vehicle driven by him.

Petitioner was arrested from the spot on 23/04/2010.

3. Petitioner is in custody for the past 54 days. This

petition is opposed. Learned Public Prosecutor submitted that the

quantity involved is high and petitioner has no explanation for the

possession.

4. On hearing both sides, I am satisfied that petitioner is not

able to substantiate his innocence and hence, in view of Section

41 A of the Abkari Act, bail cannot be granted.

Petition is dismissed.

K.HEMA
JUDGE

vdv