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2016 Supreme(Ker) 344

BABU MATHEW P.JOSEPH
Sujith – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. C.C. Thomas, Sri. Nireesh Mathew, Sri. M.G. Karthikeyan
For the Respondent: Smt. Seena Ramakrishnan

ORDER :

The petitioner is the third accused in S.C. No. 73 of 2005 on the files of the Additional Sessions Court (Ad hoc)-I, Pathanamthitta. He preferred this revision petition praying for quashing the charge framed by the court against him in the said Sessions Case.

2. Heard Sri. C.C. Thomas, learned Senior Counsel appearing for the petitioner and Smt. Seena Ramakrishnan, learned Public Prosecutor appearing for the respondent.

3. The facts that are necessary for the disposal of this revision petition are briefly stated as follows: The Deputy Director of Income Tax (Investigation), Thiruvananthapuram, and his party conducted a search in the house of the first accused, who is the father of the petitioner, on 17.5.2000. Seventy jerrycans containing 34 litres each of spirit were found kept in a building near the residential building of the first accused. The building where the spirit was found stands in the name of the petitioner. On getting information from the Deputy Director of Income Tax (Investigation), Thiruvananthapuram, the Sub Inspector of Police, Adoor Police Station, and his party reached there and seized the contraband under a mahazar. Thereafter, he returned to Adoor Police










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