Allegations of Bribery with Liquor Bottles Survive Procedural Challenges; Investigation to Proceed
In a significant ruling, the Kerala High Court has dismissed a petition seeking to quash the FIR against Unaize Ahammed, an Excise Circle Inspector, and others, accused of accepting bribes in the form of liquor bottles. The judgment, delivered by Justice A. Badharudeen on February 20, 2026, emphasizes that procedural irregularities in surprise checks are not sufficient grounds to invalidate an FIR if there is prima facie evidence of wrongdoing.
The case arose from a complaint by Amal Krishna B, manager of a liquor warehouse, alleging that Ahammed and his colleagues demanded bribes in the form of IMFL (Indian Made Foreign Liquor) bottles for issuing transport permits. A surprise check conducted by the Vigilance and Anti-Corruption Bureau (VACB) resulted in the recovery of liquor bottles from the accused officers, leading to the registration of an FIR under Section 7 of the Prevention of Corruption Act, 2018.
The petitioner argued that the allegations were baseless and motivated by animosity, citing procedural lapses in the surprise check as a ground for quashing the FIR. However, the court found that the involvement of a competent officer during the surprise check met the necessary procedural requirements. The court also dismissed claims of bias due to past reports filed by the petitioner against the complainant.
The judgment underscores the principle that minor procedural missteps do not undermine the legitimacy of criminal proceedings if there is substantial evidence of illegal activity. The court's decision allows the investigation to continue, reinforcing the legal framework for tackling corruption within public services.
Bottom Line:
Prevention of Corruption Act, 2018 - Allegation of bribe in the form of liquor bottles - FIR quashing sought - Procedural irregularities in surprise check not sufficient to quash FIR if investigation uncovers prima facie evidence of illegal gratification.
Statutory provision(s): Prevention of Corruption Act, 2018 Section 7
Unaize Ahammed v. State of Kerala, (Kerala) : Law Finder Doc id # 2856800
