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2007 Supreme(Ker) 448

K.THANKAPPAN
Sabu – Appellant
Versus
State of Kerala – Respondent


Judgment :-

This appeal is filed against the judgment in S.C.No.295 of 2000 on the file of the Additional Sessions Court (Ad hoc II), Thodupuzha. The appellant faced trial for the offence punishable under Section 55(a) read with Section 55(1) of the Abkari Act.

2. The prosecution case against the appellant—accused was that on 7-6-1998 at about 11 O'clock, the appellant was found in possession of 15 bottles each containing 375 ml. of XXX Rum for the purpose of sale, without any licence or permit as per the provisions of the Abkari Act. To prove the case against the appellant, the prosecution examined P.Ws.1 to 5 and produced Exts.P-1 to P-7 as well as M.Os.1 to 3. No oral or documentary evidence was adduced on the side of the defence. After closing the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. The appellant denied the allegations levelled against him and stated that on the day of the incident while he was waiting at the bus stop, the police came and arrested him and two others after enquiring about a packet that was kept by the side of a shop. The trial court, relying on the evidence adduced by the prosecution, found the appellant guilty under Section















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