Kerala Court Condemns Police for Arresting Man Over 10ml of Liquor: "Not a Banana Republic"

In Kerala, residents are legally permitted to possess up to 3 litres of Indian Made Foreign Liquor without requiring a permit.

Malappuram:

The Manjeri District Principal Sessions Court severely criticized the Kerala Police on Tuesday for arresting a 32-year-old man who was found with merely 10 millilitres of liquor.

The court stated, "This did not happen in a banana republic but in the world's largest democracy," highlighting the absurdity of the situation.

The court's sharp rebuke was directed specifically at the Sub-Inspector of Valanchery Police Station, describing the arrest as a severe misuse of police authority and a violation of fundamental individual freedoms.

The presiding judge noted that Dhanesh of Painkannur near Tirur was forced to endure a week in jail for an offense that clearly did not justify arrest or remand.

Questioning the logic behind taking someone into custody for possessing such a negligible amount of Indian-made foreign liquor, the court expressed serious concerns about law enforcement practices.

The court further warned that such arbitrary exercises of power damage public confidence in the police system and undermine fundamental principles of justice.

Dhanesh was taken into custody on October 25 under provisions of the Kerala Abkari Act after police allegedly discovered him carrying a small bottle containing just 10 ml of liquor.

He was subsequently placed in judicial custody before eventually being granted bail.

Legal specialists and human rights advocates have pointed out that this incident represents a broader pattern of excessive enforcement of excise laws in Kerala, where even minimal quantities of liquor frequently result in arrests.

Legal professionals emphasized that the Abkari Act actually provides for discretionary handling of minor offenses, and that detention in such trivial cases violates the doctrine of proportionality that Indian courts have consistently upheld.

The Sessions Court's comments have initiated debate within legal circles regarding the necessity to re-examine police procedures governing arrests under the Abkari Act.

As of Tuesday evening, Kerala's State Police Department had not released any official statement addressing the court's critical observations.

In Kerala, individuals are legally allowed to possess up to 3 litres of Indian Made Foreign Liquor (IMFL) without requiring a permit, provided the alcohol is purchased from an authorized vendor.

Possessing quantities exceeding this limit, or liquor not obtained from licensed outlets, constitutes an offense under the Abkari Act and may result in penalties including fines and/or imprisonment.