Malappuram: The Manjeri District Principal Sessions Court criticised the Kerala Police for arresting a 32-year-old man for possessing only 10 millilitres of liquor.
“This did not happen in a banana republic but in the world’s largest democracy,” observed the court.
The court’s criticism was directed at the Sub-Inspector of Valanchery Police Station, highlighting a serious misuse of police powers and an affront to individual liberty.
The judge noted that the accused, Dhanesh from Painkannur near Tirur, was unjustly forced to spend a week in jail for an offence that did not warrant either arrest or remand.
The court questioned the rationale behind taking a person into custody for possessing such a negligible quantity of Indian-made foreign liquor.
Furthermore, it warned that such arbitrary use of authority erodes public trust in law enforcement and undermines the principles of justice.
Dhanesh was arrested on October 25 under the provisions of the Kerala Abkari Act after police allegedly found him carrying a small bottle containing 10 ml of liquor. He was later remanded to judicial custody before being released on bail.
Legal experts and rights advocates stated that this incident reflects a broader pattern of overreach in the enforcement of excise laws in Kerala, where even minimal quantities of liquor often lead to arrests.
Lawyers have pointed out that the Abkari Act allows for the discretionary handling of minor offences, and that detaining individuals for such offences violates the doctrine of proportionality upheld by Indian courts.
The remarks made by the Sessions Court have sparked a debate within legal circles regarding the need to re-evaluate police protocols concerning arrests made under the Abkari Act.
As of Tuesday evening, the State Police Department had not issued any statement regarding the court’s observations.
In Kerala, individuals are legally permitted to possess up to 3 litres of Indian Made Foreign Liquor (IMFL) without a permit, provided it is purchased from an authorised source.
Possessing more than this limit, or acquiring liquor from an unlicensed outlet, is considered an offence under the Abkari Act and may result in penalties such as fines or imprisonment.
More Law News on www.mediaeyenews.com
Photo: IANS
–IANS
