Kerala Court Slams Police Over Arrest Of Barber For 10ml Liquor, Says “Such Incident Can Happen Only In A Banana Republic”
Pranav B Prem
The Manjeri Sessions Court in Kerala strongly criticised the police for arresting a man over alleged possession of just 10 millilitres of Indian Made Foreign Liquor (IMFL), terming the action “excessive” and reflective of conduct that could “happen only in a banana republic.” While granting bail to the accused, Sessions Judge K. Sanilkumar noted that such an arrest was disproportionate to the gravity of the alleged offence and raised serious concerns about the investigating officer’s motives. The case was registered at Valanchery Police Station under Section 55(a)(i) of the Abkari Act, accusing the petitioner of keeping 10 millilitres of IMFL “for sale” at his barbershop. The accused had been in judicial custody for seven days over this allegation.
Court Observations
The Court expressed deep concern over the police action, observing that individuals are legally permitted to possess up to three litres of IMFL for personal consumption under the Abkari Act. Hence, the seizure of 10 millilitres—less than a tablespoon—could not, under any reasonable interpretation, justify a criminal prosecution or arrest. “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 stated.
Taking a critical tone, the Court even remarked with irony,“The climatic point of the prosecution narrative is that the bottle with 10 millilitres IMFL was found in a barber shop, and this court wonders whether the IMFL was being used by the accused, a barber by profession, as an aftershave to be applied on his customers.”
Court Slams Police Action
The Sessions Court came down heavily on the police for what it described as an abuse of power and overzealousness in pursuing the case. “Such an incident has no place in the world's greatest democracy and can happen only in a banana republic,” the order stated, directing that senior police officials should sensitise officers on handling cases involving marginalised sections of society. The Court said the arrest of a poor barber for such an insignificant amount of liquor demonstrated a lack of proportionality, fairness, and humane judgment on part of the investigating officer.
Bail Granted
Taking note of the absurdity of the charges and the unnecessary detention, the Court granted bail to the accused on execution of a bond of ₹10,000 with two solvent sureties. It also imposed standard bail conditions, including that the accused shall not tamper with evidence, contact witnesses, or commit any offence during the bail period.
Cause Title: Dhanesh v State of Kerala
Case No: Crl. M C 1192/ 2025
Coram: Shri. K. Sanilkumar (Sessions Judge)
