Application filed under Section 439 of the Code of Criminal Procedure.
2. Petitioner is the 6th accused in Crime No.382 of 2014 of the Panamaram Police Station, Wayanad District registered for the offence punishable under Section 55(a) of the Abkari Act.
3. The allegation against the petitioner is that on 24.08.2014 at about 06.30 a.m., 630 liters of spirit was illegally transported by vehicle bearing registration No.KL-01AY/9070, and that the petitioner was also instrumental to it. The petitioner has been custody for the period from 13.10.2014 onwards.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the CD prima facie reveal that the complicity of the petitioner. The specific allegation against the petitioner is that the lorry by which the spirit was transported belongs to the petitioner and that he had knowingly handed over the same to A7 who is conducting a workshop where, a
B.A.No.7901 of 2014
2 secrete chamber has been built in the lorry for transporting the spirit. Even though the learned counsel for the petitioner has got that a case that the lorry was sold by A6 earlier, no documents have been produced for showing the said transfer.
6. Learned Public Prosecutor has pointed out that the petitioner was keeping with the petitioner a sale note showing the sale of the lorry; but the said document was a forged one and the same was also falsely created. The allegations against the petitioner are very grave and serious. Investigation of the case is not over.
7. Considering the seriousness of the allegations against the petitioner, the present stage of investigation and the huge quantity of contraband involved, I am satisfied that the petitioner is not entitled to be enlarged on bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge