P.UBAID
VIJAYAMMA – Appellant
Versus
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR – Respondent
The appellant herein challenges the conviction and sentence against her under Section 55 (a) of the Kerala Abkari Act. She faced prosecution before the Court of Session, Thiruvananathapuram in S.C No.115 of 2000 on the allegation that on 2.2.1998 she was found possessing 3 litres of arrack in a plastic can. She was arrested by the Excise Inspector on the spot on detection, and the plastic can carried by her, containing arrack, was also seized as per mahazar. On the same day the properties was produced in court along with the Crime and Occurrence report. After comply with the procedure prescribed under the law, the learned Judicial First Class Magistrate III, Neyyattinkara committed the case to the Court of Session, from where it was made over to the learned Additional Sessions Judge, Neyyattinkara. The accused pleaded not guilty to the charge framed against her under Section 55(a) of the Kerala Abkari Act. The prosecution examined 4 witnesses including the Excise Inspector who detected the offence, and also marked Exts.P1 to P5 documents and the MO1 plastic can, alleged to have been seized from the hands of the accused. When examined under Section 313 Cr.P.C also, the acc
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