Thomas Varghese vs. State Of Kerala

On 26.9.2018, source information was received that the applicant herein was conducting a winery without a proper licence. An inspection was conducted in the establishment run by the applicant in the name and style as “Soubhagya Munthiri Chaar Ulpadanavum Vitharanavum”. About 20 numbers of 500 litre tanks allegedly containing wine, 100 of bottles etc. were found. Samples were taken and the applicant was arrested. The total quantity of wine allegedly found in the establishment is about 10,785 litres.

The learned counsel appearing for the applicant submitted that what was stored in the tank was grape juice and nothing else. According to the learned counsel, the applicant has been running the business of manufacture of a grape drink for the past several years after obtaining necessary permits and licences from the Food Safety and Standards Authority and the local authority. The said concern is having a GST registration and the business is being conducted in a legal manner. It is on a mistaken premise that the applicant was indulging in the brewing of wine, the subject crime has been BA:6788/18 3 registered against him. Massive loss has been sustained to the applicant consequent to the illegal search and seizure, submits the learned counsel. The learned counsel has also referred to Annexure- H receipt and it is contended that the samples of the manufactured product is regularly sent to the Government Laboratory, Thiruvananthapuram to ensure that the grape juice manufactured by him conforms to specifications of the market. Finally, it is submitted that the applicant is suffering from cancer and he has been undergoing treatment for the same. He refers to Annexure-B certificate to buttress his submission.

The learned Public Prosecutor, on instructions, submitted that samples, which have been taken, have been forwarded to the Chemical Examiner's Laboratory. The report has not been received till date. It is submitted that the investigation being in the early stages, the release of the applicant at this stage will not be justified.

I have considered the submissions advanced and have gone through the case diary which was made available. The applicant has produced records showing that he has been permitted by the authorities to carry out the manufacture of grape juice. Though the seizure was on 26.9.2018, the analysis report is not BA:6788/18 4 placed before this Court. No explanation is offered for the delay. In a case of instant nature, when there are materials to show that the applicant has been permitted by the authorities to carry out the processing of grape juice, the prosecution ought to have been diligent enough and the report of chemical analysis is expected to be produced without delay. The medical report placed before this Court by the applicant, which is not controverted, shows that the applicant is suffering from plasmacytoma. Having regard to the facts and circumstances, the materials in support thereof, the period of detention undergone and the stage of investigation, I am of the view that the applicant herein can now be released on bail on conditions.

In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having juri iction. The above order shall be subject to the following conditions: 1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for three months or till final report is filed, whichever is earlier.