7 days jail for 10 ml alcohol, court expressed anger, know what it said?

News Topical, Digital Desk : A Kerala court granted bail to a man arrested for possessing 10 ml of alcohol and sent to seven days' judicial custody, saying such incidents could only happen in a "banana republic," not the world's largest democracy. A "banana republic" generally refers to a country exploited for profit by foreign interests and whose economy typically depends on a single major export. 

Manjeri Sessions Court Judge K. Sanil Kumar also reprimanded the investigating officer (IO) of the case for his “excessive and suspicious” zeal. The court said it doubted the investigating officer’s real motives behind “implicating” the accused, who likely hails from a socially and economically disadvantaged section of society, in a serious crime. It also believed that the small quantity of Indian Made Foreign Liquor (IMFL) recovered from the accused, a barber by profession, was likely meant to be used as aftershave for his customers. 

The investigating officer crossed the limits

The court also questioned how the investigating officer believed that samples could be taken and processed from 10 ml of IMFL. “It is clear from the facts of the case that the investigating officer exceeded his limits and displayed excessive and suspicious zeal in enforcing the criminal law and in the process detained the accused, and the accused has been in judicial custody for seven days,” the judge said in his November 1 order. “Such an incident has no place in the greatest democracy in the world, and can only happen in a 'banana republic,'" he added. 

Investigating officers should be sensitive in such cases

The judge further stated in his order that it was "extremely necessary" to sensitize the investigating officer in such cases, especially those involving disadvantaged sections of society. "It is hoped that the higher authorities of the police force will look into this matter," the court said. The court released him on bail on the condition that he furnish a bond of Rs 10,000 and two sureties of the same amount to the satisfaction of the magistrate concerned. 

The court directed the accused not to tamper with evidence or witnesses in the case and not to engage in any other crime while on bail. The order came on the accused's bail plea, in which he argued that under the Excise Act, a person is generally permitted to possess up to three liters of IMFL for consumption. 

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