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Malappuram, Nov 4 (IANS) The Manjeri District Principal Sessions Court on Tuesday pulled up the Kerala Police for arresting a 32-year-old man for possessing just 10 ml of liquor.
The court said, “This happened not in a banana republic but in the world’s largest democracy.”
The court’s criticism directed at the sub-inspector of Valancherry police station underlined what it described as serious abuse of police powers and an affront to personal liberty.
The judge observed that the accused Dhanesh, of Penkannur near Tirur, was forced to spend a week in jail for an offense which did not require arrest or remand.
The court itself questioned the propriety of detaining a person for possessing such small quantities of Indian-made foreign liquor.
It also warned that such arbitrary use of power erodes public confidence in law enforcement and undermines the principles of justice.
Dhanesh was arrested under provisions of the Kerala Excise Act on October 25 after police allegedly found him carrying a small 10 ml liquor bottle.
He was later sent to judicial custody before being released on bail.
Legal experts and rights advocates said the incident reflects a wider pattern of overreach in enforcing excise laws in Kerala, where even negligible amounts of liquor often lead to arrests.
The lawyers said the Excise Act provides for discretionary handling of minor offenses and detention in such cases violates the principle of proportionality espoused by Indian courts.
The Sessions Court’s remarks have sparked debate in legal circles on the need to re-evaluate police protocols governing arrests under the Abkari Act.
As of Tuesday evening, the state police department had not issued any statement on the court’s comments.
In Kerala, individuals can legally possess up to 3 liters of Indian Made Foreign Liquor (IMFL) without a permit, provided it is purchased from an authorized source.
Possession of liquor in excess of this limit, or liquor not purchased from a licensed shop, is an offense under the Excise Act and may attract penalties such as fine and/or imprisonment.
–IANS
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