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'Not Banana Republic': Kerala Court On Police Arresting Man Over 10ml Liquor

'Not Banana Republic': Kerala Court On Police Arresting Man Over 10ml Liquor
In Kerala, individuals can legally possess up to 3 litres of Indian Made Foreign Liquor without permit.
Malappuram: 

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.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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About The Campaign

NDTV in partnership with UBER is launching a sustained campaign 'Roshan Dilli'  to try and raise safety standards in India's capital, New Delhi.

Our focus is to try and improve lighting in public spaces in the city. Lighting is a key factor in shaping women's perceptions of safety

The initiative will provide a platform for all stakeholders to discuss our goal of improving safety standards, to start a conversation about safety of women in the country

It will also highlight various interventions and solutions that help to make women safe and put the spotlight on what more can be done.

The campaign will accentuate the need for Safety to be a shared responsibility

The need for gender sensitization and how law enforcement and civil society through checks and education can try and make women safer

We hope you will join us and help make New Delhi a safer city for women.

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