SHAJU S/O MANI Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
LAWS(KER)-2017-3-170
HIGH COURT OF KERALA
Decided on March 21,2017

Shaju S/O Mani Appellant
VERSUS
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR Respondents

JUDGEMENT

P. Ubaid, J. - (1.) The appellant herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act (hereinafter referred to as 'the Act') in S.C.No. 590 of 2007 of the Court of Session, Thrissur.
(2.) The prosecution case is that at about 12.15 p.m. on 16.3.2005 at Chalippadam, within the Irinjalakuda Excise Range, the appellant was found possessing 5 ½ litres of arrack. The offence was detected by an Excise Inspector of the Excise Range during his patrol duty in connection with a festival at the nearby temple. The accused was seen by the Excise party at a distance. The prosecution allegation is that on seeing the Excise party, he ran off and escaped by abandoning a plastic can at the spot. Though the Excise Inspector and others made attempt to catch him, he escaped, and when the Excise party examined the can abandoned by the accused, it was found containing arrack. The can with arrack was seized as per a mahazar, and on the basis of the seizure, a crime was registered against the accused. On the same day, at about 6.45 p.m., the accused was arrested by the Excise Inspector. Another Excise Inspector investigated the case, and submitted final report before the Judicial First Class Magistrate Court, Irinjalakuda.
(3.) After complying with the procedure prescribed under the law, the learned Magistrate committed the case to the Court of Session, from where it was made over to the learned Additional Sessions Judge (Adhoc-II), Thrissur, for trial and disposal.;


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