New Delhi: The Manjeri Sessions Court has granted bail to a barber accused of violating the Abkari Act for allegedly storing a mere 10 milliliters of Indian Made Foreign Liquor, sharply criticizing the investigating officer for what it termed “excessive and questionable” zeal in prosecuting the case.
Sessions Judge K. Sanilkumar, in an order dated November 1, 2025, addressed Criminal Miscellaneous Case No. 1192 of 2025 concerning Crime No. 1168/2025 registered at Valanchery Police Station under Section 55(a)(i) of the Abkari Act.
The prosecution’s case alleged that on October 25, 2025, at approximately 11:40 AM, the accused Dhanesh was discovered storing 10 milliliters of Indian Made Foreign Liquor at the Beauty Barber Shop he operated on the first floor of Achikulam Mini Mall in Valanchery town, purportedly for sale purposes.
Advocate Vishnu A.P., representing the petitioner, argued that his client was falsely implicated in a serious offense despite the minuscule quantity involved, pointing out that the Abkari Act permits individuals to possess up to 3 liters of IMFL for personal consumption.
The Public Prosecutor acknowledged that only 10 milliliters of IMFL had been seized, while noting that the accused had a prior criminal record under the Kerala Police Act and COTPA Act, though unrelated to liquor offenses.
In a scathing critique of the police action, Judge Sanilkumar observed, “This court is inclined to suspect the real motives of the Investigating Officer in entwining the accused, who is presumably from a socially and economically disadvantaged section of society, in a grave crime.”
The court raised practical questions about the seizure, stating, “The climactic point of the prosecution narrative is that the bottle with 10 milliliters of IMFL was found in a barber shop, and this court wonders whether the IMFL was being used by the accused, a barber by profession, as an aftershave to be applied on his customers.”
Expressing bewilderment at the investigative approach, the bench noted, “It is beyond the comprehension of this court how the Investigating Officer believed that, with only 10 milliliters of IMFL being the total quantity found, samples could be taken from it and processed.”
In its strongest rebuke, the court declared, “It is obvious from the facts of the case that the Investigating Officer overstepped his limits and displayed a zeal which was both excessive and questionable, to set the criminal law in motion and in that process take the accused into custody.”
The judge emphasized the broader implications of such police conduct, asserting, “Such an incident has no place in the world’s greatest democracy and can happen only in a banana republic.”
Calling for institutional reform, the court stated, “It is highly imperative that the Investigating Officer is sensitized in such matters, particularly in dealing with the disadvantaged sections of society. It is hoped that the higher echelons of the police force will look into the matter.”
After noting that the accused had spent seven days in judicial custody and had no prior involvement in Abkari cases, the court granted bail on a personal bond of ₹10,000 with two solvent sureties, with standard conditions including non-interference with evidence and witnesses.
Case Title: Dhanesh vs. State of Kerala
