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2003 Supreme(Ker) 98

J.B.KOSHY
Sabu – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Appellants were accused in Sessions Case No.329 of 2000 on the file of the Additional District Court (Fast Track Court - Adhoc). Kottayam for having committed offences under section 55 (a) of the Kerala Abkari Act. The allegation was that accused persons were found transporting 13.9. litres of Indian, made foreign liquor in an autorickshaw bearing registration No. KL-5/3037 on 23-12-1999 in contravention of the provisions of the Abkari Act. Defence of the accused was total denial. However, from the evidence available, the court found that the accused were guilty of the offence. The contention of the respondent is that even if the allegations are proved, the offence will come only under section 63 of the Abkari Act. From the evidence available in this case, it cannot be disputed that the appellants carried 13.6. litres of liquor in the autorickshaw. As per Government orders issued under the Abkari Act at that time only 1.5.litres of liquor can be possessed and transported by a person except under licence. Even if the contention that the three persons involved were carrying 1.5 litres of liquor each is accepted also, they were carrying above the permissible limit. The fir






















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