~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.1563/2013 of Aranmula Police Station registered for the offence punishable under Section 55(a) of the Abkari Act.
3. On 05.12.2013 at 6.30 p.m. a mini tempo was seized by the police when the same was seen used for transporting 30 cans each containing 35 litres of spirit at Kozhenchery. The investigation revealed that the said load of spirit contained in the tempo is part of the larger consignment of spirit brought by the petitioner from Tamil Nadu by lorry bearing registration No..KL- 25E-5152 and was kept in a shop room situated at Enath at the side of the Adoor-Kottarakkara M.C.Road. The petitioner was arrested on 12.09.2014 and thereafter he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
BA.7507/2014 : 2 :
5. The learned counsel for the petitioner has argued that no contraband has been seized from the possession of the petitioner and that the petitioner is innocent in this case. The learned Public Prosecutor has argued that the petitioner is the main culprit and is the wholesale dealer in spirit, who used to procure it illegally from Tamil Nadu and other States. It has also been pointed out that the petitioner is an accused in crime No.248/2013 of Adoor Excise Range for the transportation of spirit.
6. The contents of the CD, prima facie, reveal the complicity of the petitioner. One more criminal antecedent of similar nature has been reported against the petitioner. The investigation of this case is not over. Considering all the above, this Court is of the view that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
(B.KEMAL PASHA, JUDGE) aks/21/10