Man with 10ml liquor jailed for 7 days: Can happen only in 'banana republic', says Kerala court

A Kerala court has granted bail to a man arrested and remanded to judicial custody for seven days for being in possession of 10 ml of alcohol and said that such incidents can happen only in a "banana republic" and not the world's greatest democracy.

Manjeri Sessions Court judge K Sanilkumar also rapped the investigating officer (IO) of the case for his "excessive and questionable" zeal.

The court said it was inclined to suspect the real motives of the IO in "entwining" the accused, "who is presumably from a socially and economically disadvantaged section of society", in a grave crime.

It was also of the view that the small quantity of the Indian Made Foreign Liquor (IMFL) found from the accused, a barber by profession, was probably kept there to be used as an aftershave for his customers.

The court also questioned how the IO believed that samples could be taken from the 10ml of IMFL and processed.

"It is obvious from the facts of the case that the Investigating Officer over stepped 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, and the accused has been in judicial custody for seven days." "Such an incident has no place in the world's greatest democracy, and can happen only in a banana republic," the judge said in his November 1 order.

The judge further said in his order that it was "highly imperative" that the IO be sensitised in such matters, particularly in dealing with disadvantaged sections of society.

"It is hoped that the higher echelons of the police force will look into the matter," the court said.

It released him on bail subject to him executing a bond for Rs 10,000 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional magistrate.

The court directed the accused not to meddle with the evidence or witnesses in the case and not to be involved in any other offence while on bail.

The order came on the accused's bail plea in which he had contended that there is a general permission under the Abkari Act to hold up to three litres of IMFL by an individual for consumption.