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2014 Supreme(Ker) 19

V.K.MOHANAN
Rajamma – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant:Basant Balaji, R. Gopan, Advocates.
For the Respondent: T.Y. Laliza, Public Prosecutor.

Judgment :

1. The appellant, who is a lady and who faced prosecution in S.C.No.100 of 2000 of the court of the Additional Sessions Judge, Fast Track (Adhoc-II), Alappuzha, preferred this appeal as she is aggrieved by the judgment dated 30/10/2003 in the above Sessions Case by which she is convicted and sentenced for the offence under Section 55(a) of the Abkari Act.

2. The prosecution case is that the accused was found carrying 2 = litres of arrack in a white plastic bottle on 01/11/1997 at 12.15 P.M. through KTP canal road near Ambetkar colony against the provisions of Abkari Act and thereby the accused has committed the offence punishable under Section 8(1) & (2) and 55 (a) of the Abkari Act. On the above allegation, Crime No.131 of 1997 was registered in the Excise Range, Mavelikkara and on completing the investigation a report was filed, based upon, which eventually S.C.No.100 of 2000 was instituted in the Sessions Court, from where the case was made over to the present trial court for disposal. When the accused appeared, after hearing the prosecution and the defence, a formal charge was framed against the accused for the offence punishable under Section 55(a) of the Abkari Act a
























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