KELUKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was prosecuted by the Sub Inspector of Police, Vythiri for an offence punishable under S. 55 (a) of the Abkari Act.

(2.) THE case of the prosecution as unravelled through the oral and documentary evidence is the following:-

(3.) THE learned counsel appearing the appellant placing reliance upon the decision in Krishnankutty v. State of Kerala (2005 (3) KLT 568) contended that since the two samples were taken only from one of the 10 bottles, and there were three other bottles of different capacity, it cannot be said that all the 13 bottles contained IMFL. As per s. R. O. 127/1999 issued under GO. (P) No. 22/99/td dated 05. 02. 1999 as amended by s. R. O. 725/03 issued under GO. (P) 127/03/td dated 02. 08. 2002, the maximum quantity of IMFL which a person can possess under S. 13 of the Abkari Act is 3 litres. When the bottle from which the two samples each of 180 ml. were drawn has a total capacity of only 375 ml and the prosecution has not been able to show that the rest of the bottles contained IMFL, it should be presumed that the appellant was carrying only 375 ml. of imfl. It is well within the permissible quantity as per the orders issued by the Government under S. 13 of the Abkari Act.