Found Liquor, No Arrest? A.P. Excise Act Case Gets Bail Twist.


02 May 2024 Central Excise >> Tax Laws  

Facing A.P. Excise Act charges for allegedly possessing liquor from neighbouring Karnataka, an accused in Sri Sathya Sai District has secured anticipatory bail. The case hinges on whether the liquor was truly in the defendant's possession or merely found abandoned.

The accused, unnamed in the order, was booked for allegedly possessing liquor from neighbouring Karnataka state. The defense argued that the case was fabricated and the liquor was discovered abandoned, not in the accused's possession. The Public Prosecutor opposed bail, stating the investigation is in its initial stages.

 

 

The court noted that the authorities found the liquor but did not apprehend the accused with it. Additionally, the land where the liquor was found belonged to another individual (N. Ratna Sekhar Reddy) whose statement wasn't recorded by the police. The court considered the fact that the accused has no criminal background and resides permanently in the district. Furthermore, most witnesses are police officers, and the accused's release wouldn't likely impede the investigation.

The court granted anticipatory bail with several conditions. The accused must surrender to the police station within two weeks of receiving the order. Additionally, a bail bond of ?10,000 with two sureties is required. The accused must also appear before the Investigation Officer every Sunday for two months (between 10 AM and 1 PM) or until the charge sheet is filed, whichever comes first. Finally, the order prohibits the accused from contacting or threatening witnesses or tampering with evidence.