Articles by News18,Pragati Ratti,Salil Tiwari

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‘Only In Banana Republic’: Kerala Court Slams Police For Arresting Barber Over 10 ML Liquor

A sessions court in Kerala has strongly criticised the police for arresting a barber accused of storing just 10 millilitres of liquor in his shop, describing the case as a misuse of the Abkari law and a reflection of misplaced priorities in policing. The order was passed by Sessions Judge K Sanilkumar of the Manjeri Sessions Court on November 1, 2025. The applicant, Dhanesh, a barber from Painkannur Post in Malappuram district, had sought regular bail after being arrested by Valanchery Police under Section 55(a)(i) of the Abkari Act, 1 of 1077, for allegedly keeping 10 millilitres of Indian Made Foreign Liquor (IMFL) for sale at his shop. According to the prosecution, Dhanesh was found with the small quantity of liquor at about 11:40 am on October 25, 2025, inside his barber shop located on the first floor of Achikulam Mini Mall in Valanchery town. The liquor was allegedly kept for sale in violation of the Abkari Act. His counsel, Advocate Vishnu AP, argued that the case was baseless and amounted to harassment, pointing out that the seized quantity was negligible and well within the legal limit allowed for personal possession. The Abkari Act permits individuals to hold up to three litres of IMFL for personal consumption, he told the court. He alleged that the case was motivated by “vested interests”. The prosecution, represented by the Public Prosecutor, confirmed that only 10 millilitres of liquor were seized but noted that Dhanesh had prior cases registered under Section 118(i) of the Kerala Police Act and Section 6(b) read with 24 of the COTPA Act. However, court observed that those antecedents had little connection with the present case under the Abkari law. In a sharply worded order, court questioned the investigating officer’s judgment and motives in pursuing a serious offence based on such an insignificant quantity. “This court is inclined to suspect the real motives of the Investigating Officer in entwining the accused, who is presumably from a socially and economically disadvantaged section of society, in a grave crime,” Judge Sanilkumar observed. Court said the officer appeared to have “overstepped his limits” and acted with “excessive and questionable zeal” in setting the criminal law in motion. It noted that Dhanesh had already spent seven days in judicial custody despite the trivial nature of the alleged offence. Expressing disbelief, the judge remarked that the liquor might even have been used as “aftershave” in the barber shop, given the quantity seized, and wondered how the police could have taken samples for testing from such a small amount. “It is beyond the comprehension of this court,” the order stated. Calling the incident “an embarrassment to the justice system,” court said that such actions “have no place in the world’s greatest democracy and can happen only in a banana republic”. It directed that the police force should be sensitised, especially while dealing with members of disadvantaged communities. Finding no justification to keep the accused in custody, the court granted regular bail to Dhanesh on a bond of Rs 10,000 with two solvent sureties. He was directed not to interfere with the investigation or witnesses and to refrain from committing any other offence while on bail. The order also clarified that any breach of conditions would allow the investigating officer to seek cancellation of bail.