SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for short), by the accused 1 and 2 in Crime No.145/2024 of the Thirvualla Excise Range Office, Pathanamthitta, which is registered against them for allegedly committing the offences punishable under Ss. 56(b) and 55(a) of the Kerala Abkari Act, 1 of 1077. The petitioners were arrested and remanded to judicial custody on 4/9/2024.

(2.) The gist of the prosecution case is that: on 4/9/2024, at around 21:15 hours, the accused were found in conscious possession of 20 litres of spirit which was stored in 4 cans of 5 litre each. The accused were arrested on the spot with the contraband article. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Nireesh Mathew, the learned counsel appearing for the petitioners and Smt. Seetha S., the learned Senior Public Prosecutor.