Malappuram, Nov 4 The Manjeri District Principal Sessions Court on Tuesday slammed the Kerala Police for arresting a 32-year-old man for possessing just 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, directed at the Sub-Inspector of Valanchery Police Station, underscored what it termed a serious misuse of police powers and an affront to individual liberty.
The judge observed that the accused, Dhanesh of Painkannur near Tirur, was forced to spend a week in jail for an offence that did not warrant arrest or remand.
The court questioned the very rationale of taking a person into custody for possessing such an insignificant quantity of Indian-made foreign liquor.
It also 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 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 said the incident reflects a wider pattern of overreach in the enforcement of excise laws in Kerala, where even negligible quantities of liquor often lead to arrest.
Lawyers noted that the Abkari Act provides for the discretionary handling of minor offences and that detention in such cases violates the doctrine of proportionality upheld by Indian courts.
The Sessions Court’s remark has sparked debate within legal circles over 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 observations.
In Kerala, individuals can legally possess up to 3 litres of Indian Made Foreign Liquor (IMFL) without a permit, provided it is purchased from an authorised source.
Possession of more than this limit, or liquor not purchased from a licensed outlet, is an offence under the Abkari Act and can lead to penalties such as fines and/or imprisonment
--IANS
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