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1961 Supreme(Ker) 120

ANNA CHANDY
Sukumaran – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The two accused persons. Sukumaran and his wife Nandini were tried by the Kottarakara First Class Magistrate for the offence punishable under S.8 [1] [a] of the Travancore-Cochin Prohibition Act [Act XIII of 950] for being in possession of illicit liquor. The wife was acquitted and the husband was convicted and sentenced to undergo rigorous imprisonment for two months. The convicted person did not succeed in his appeal to the Quilon Sessions Court and has approached this Court in revision.

2. On 15-3-1960 at about 7 a. m. illicit liquor contained in glass and clay jars kept in Vijayavilasam house belonging to the petitioner was recovered on a surprise search by the flying squad Inspector, Pw.1. The contraband article was seized by the Inspector and the accused were arrested and charge-sheeted. The prosecution witnesses are definite that the jars containing the illicit liquor were taken from a wooden box kept in one of the rooms. The key of the box was with the wife who handed it over to the Inspector for opening it. The facts of the case are not seriously challenged.

3. The main point urged by Shri T. K. Narayana Pillai on behalf of the revision petitioner is that as t




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