The Manjeri District Principal Sessions Court has come down heavily on the police for arresting a 32-year-old barber, Dhanesh of Painkannur near Tirur, for allegedly possessing just 10 millilitres of Indian-made foreign liquor. The arrest, made on October 25 under the Kerala Abkari Act, led to the accused spending a week in jail before being granted bail.
The court observed that under the Abkari Act, a person can legally possess up to three litres of Indian-made foreign liquor for personal use—making the arrest “wholly unjustified.” In a scathing remark, the judge said the case “did not happen in a banana republic but in the world’s largest democracy,” calling the police action “excessive and unacceptable.”
Noting that Dhanesh comes from a socially and economically disadvantaged background, the court questioned the motives of the investigating officer. It pointed out that the tiny quantity of liquor could have easily been part of the barber’s aftershave kit rather than contraband meant for sale. The court directed that the officer’s conduct be examined, warning that such arbitrary use of power undermines public faith in the justice system.
While granting bail against a ₹10,000 bond and sureties, the court reiterated that arrests must adhere to the principle of proportionality and should not be made for trivial offences.
The judgment has triggered widespread discussion among legal experts and rights activists in Kerala, who say the case exposes a pattern of overreach in the enforcement of the state’s excise laws. Many have called for greater accountability and sensitivity from law enforcement officers when dealing with minor infractions.
