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Judgment
The petitioner is the accused in Crime No.178 of 2019 of Valayam Police Station, registered for the offence punishable under Section 58 of the Abkari Act, on the allegation that on 18.05.2019 at 7.00 p.m., the petitioner was found in possession of 500 ml of Indian Made Foreign Liquor for the purpose of sale, in contravention of the provisions of the Abkari Act.
The petitioner was arrested from the spot and ever since he has been in custody.
Heard.
The learned Public Prosecutor has no serious objection in allowing this application. It has been submitted by the learned 3Public Prosecutor that the petitioner is not involved in any other offence of similar nature. Considering the facts and circumstances of the case, including the fact that the contraband seized was Indian Made Foreign Liquor and also taking into consideration of the fact that the petitioner is the first time offender, I am inclined to grant bail to the petitioner.
In the result, this application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs.30,000/- (Rupees Thirty Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Magistrate and on further condition that the petitioner shall not get involved in any other offence of similar nature during the pendency of this case.
It has been noticed that the learned Magistrate did not incline to mention the quantity of contraband seized in the order impugned. The learned Magistrate is directed to state the facts clearly and correctly in the orders granting /refusing bail, in future.